Articles 2023

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Today

Unlocking $10 Million in Capital Gains Deductions with Employee Ownership Trusts

  • September 11, 2024
  • Sanjay Kutty, Devon Molloy, James Konopka, and Arianne Carew

Business owners can now access significant tax benefits when selling a qualifying business to an employee ownership trust pursuant to a transaction that constitutes a qualifying business transfer. Among other benefits, eligible vendors are entitled to receive a shared pool of up to $10 million in capital gains deductions. This article will provide an overview of the eligibility requirements and an outline of the various benefits of EOT Transactions.

Business Law, Student Forum, Taxation Law and 1 more..., Trusts and Estates Law
head-shot photo of author Nick Rotundo

Income Calculation Considerations in a Marital Breakdown

  • September 11, 2024
  • Nick Rotundo, CPA, CA, CBV

One of the most vexing issues in family law is determining what is a person's income for the purposes of paying support. This article provides an overview of some of the most common concepts related to calculating income for support purposes.

Family Law, Student Forum

Court of Appeal Summaries (September 2 – September 6)

  • September 11, 2024
  • John Polyzogopoulos

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 2, 2024. There were only three substantive civil decisions released this week.

Civil Litigation, Student Forum

Passed Inspection: The View of the Canadian Courts on Municipal Liability

  • September 06, 2024
  • Y. Korany & K. Kwinter

This article presents an overview of the powers and duties of municipalities under the Building Code Act and the Ontario Building Code, provides examples of where municipalities can be vulnerable to liability, and discusses the view of the Canadian Courts on municipal liability.

Construction and Infrastructure Law, Insurance Law, Student Forum

Ontario Plans for Growth: The New Provincial Planning Statement Published

  • August 28, 2024
  • Matthew Lakatos-Hayward, Signe Leisk

On August 20, 2024, the province of Ontario published the new Provincial Planning Statement, 2024, a province-wide policy instrument that, once in force, will replace both the Provincial Policy Statement, 2020 and A Place to Grow: Growth Plan for the Greater Golden Horseshoe. It will come into force on October 20, 2024.

Municipal Law, Student Forum

SCC Split Rules Owners Liable as Employers under the Occupational Health and Safety Act

  • August 22, 2024
  • Felisia Milana of Stieber Berlach

Municipalities are being kept on their toes with the recent Supreme Court of Canada (“SCC”) decision in R v Greater Sudbury (City). The SCC held that owners of a construction project fall within the definition of an “employer” under the Occupation Health and Safety Act (“OHSA”) and are subject to the required duties and liabilities of an employer. Moving forward, municipalities will have a difficult time insulating themselves from liability under the OHSA when contracting out services.

Insurance Law, Student Forum

Criminal Inadmissibility: An Analysis in the Context of the Charter

  • July 31, 2024
  • Aqsa Nadeem

Haider Ashraf, in his paper, "Balancing Security and Rights: Re-evaluating IRPA’s Criminal Inadmissibility Provisions and Charter Compliance” recommends a re-evaluation of IRPA’s inadmissibility provisions to better protect the rights of permanent residents and align Canadian policies with global human rights principles. The author welcomes any comments or conversations from colleagues on the topic.

Citizenship and Immigration Law, Student Forum