Articles 2021

This article discusses the case of Hicks v Ontario Ombudsman and orders under s.140 of the Courts of Justice Act determining someone to be a vexatious litigant.

For young persons who become involved in both the youth criminal and family court systems, the lawful sharing or exchanging of information between them is often legally complex and fraught with the potential for errors. A case comment on Children’s Aid Society of the Districts of Sudbury and Manitoulin v. A.A., 2021 ONCJ 188.

Please find below our summaries of the civil decisions of the Court of Appeal for the week of April 5, 2021. Topics covered this week included child protection, the enforcement of guarantees of debt, security for costs of an appeal in a mortgage enforcement case, a motion to grant a stay pending appeal, and the striking of a claim on the basis that the named plaintiff did not have the legal capacity to sue.

Highlights of this newsletter include one pension-related item in the Ontario 2021 Budget relating to the Pension Benefits Guarantee Fund (PBGF), a number of new guidance documents and publications from the Financial Services Regulatory Authority of Ontario (FSRA), policy updates from the Canada Revenue Agency (CRA), and new FAQs and directives from the Office of the Superintendent of Financial Institutions (OSFI).

This article lays out the basics of the tax implications, and complications, that social media influencers face.

Deemed realizations under the Income Tax Act (Canada) (ITA) can occur for a myriad of reasons.  Regarding trusts, the ITA may deem a realization to occur depending on the type of trust, and the happening of certain triggering events – most commonly death, emigration, or the expiration of a specified time period.  If nothing is done to plan for these rules, the deemed realization of the assets will result in the accrued gains on certain trust-held assets being subject to tax.   

This article explores the avenues taxpayers have to efficiently manage their tax disputes in two parts. The first part discusses whether to proceed through the CRA Appeals process. The second part will discuss the avenues available for an early resolution at the Tax Court.

Following several other provinces, on October 1 2020, the Ontario government passed O/Reg 536/20: Personal Real Estate Corporations, under the Real Estate and Business Brokers Act, 2002, which provides that real estate salespeople and brokers may incorporate in Ontario. Incorporation allows a real estate professional to have their self-employed revenue paid directly into their personal real estate corporation, offering some tax advantages.

This article discusses how section 116 applies to the estate of a non-resident, where the estate itself is resident in Canada.

This article reports on recent CRA policy regarding the interaction between the Indian Act and the Canada Recovery Benefits Act.