International Tax Measures
International Tax The Budget has only 1 proposed income tax change in the area of international tax. This relates to foreign branches of Canadian resident life insurers. As such, the proposed change is not applicable, and probably not of interest...
Business Income Tax Measures
Investment Fund Mergers The Budget seeks to expand the scope of rules which apply to generally permit the merger of certain investment funds on a tax-deferred basis. As further explained below, these rules will apply to permit the reorganization of...
Personal Income Tax Measures
Disability Tax Credit – Nurse Practitioners The Budget seeks to extend to nurse practitioners the ability to certify that an individual is eligible to receive the disability tax credit available under the Tax Act. The disability tax credit is a...
GST/HST Tax Measures
Taxi and Ride Sharing Services The Budget proposes to extend the application of the GST/HST currently applicable to taxi businesses to ride sharing services. Currently, all operators of a “taxi business” (which is defined in subsection 123(1) of the Excise...
Other Measures
Aboriginal Tax Policy In successive budgets since 1997, the Federal Government has expressed its willingness to put into effect taxation arrangements with interested Aboriginal governments. To date, the Federal Government has entered into more than 50 taxation arrangements in respect...
Previously Announced Measures
The Budget confirms the Federal Government’s intention to proceed with the following previously announced tax and related measures, as modified to take into account consultations and deliberations since their release: Measures announced on October 3, 2016 to improve fairness in...
Cowper-Smith v. Morgan: Independent Legal Advice and Undue Influence
Introduction In Cowper-Smith v. Morgan 2016 BCCA 200, the British Columbia Court of Appeal upheld a finding of undue influence by the testatrix’s daughter, despite advice from two separate lawyers. The Court also dealt with issues of proprietary estoppel, which...
Uncharted Territory: Rights of and Rights to Reproductive Material and Embryos
While assisted reproduction is no longer novel, the law is still not settled as to what rights people have to reproductive material and the right of embryos conceived through assisted reproduction. There have been a number of recent cases on...
Rectification is not Equity’s Version of a “Mulligan” – Words to Heed After Fairmont and Coutu
Introduction In Canada’s common law jurisdiction, rectification has historically been a powerful equitable remedy which, if granted, enables applicants to “travel back through time” to correct the documentary basis of transactions that have resulted in unintended detrimental tax or other...
10 Reasons to Stop Putting Off Your Estate Planning
Estate planning is an essential part of wealth management. Estate planning not only ensures that your assets are distributed pursuant to your wishes, but it ensures that such distributions are done in a tax effective manner, and that your beneficiaries...
