Category Archives: Estates and Trusts

Goodwill and estate planning

Posted on January 14, 2012 by John Loukidelis

Mark Brohman at Durward Jones Barkwell was kind enough to send to me a reminder in the form of a technical interpretation of a very important fact about goodwill and estate planning.

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Garron leave granted

Posted on June 24, 2011 by John Loukidelis

The Supreme Court of Canada has granted leave to appeal in St. Michael Trust Corp. v. The Queen, 2010 FCA 309, aff’g Garron Family Trust v. The Queen, 2009 TCC 450.

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The Initiative

Posted on February 11, 2011 by John Loukidelis

The following article appeared in the February, 2011, edition of the Hamilton Law Association Law Journal. The CRA likes to stir things up every now and then with this project or that initiative to ensure compliance among various groups of … Continue reading →

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CRA Trusts Initiative

Posted on October 21, 2010 by John Loukidelis

I spoke at an Ontario Bar Association conference on October 2 along with David Louis from Minden Gross (among others). David’s presentation included some discussion of the CRA trust audit initiative about which we’ve heard so much. David had contacted … Continue reading →

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Death Benefits or Not

Posted on August 25, 2009 by John Loukidelis

When is a ‘death benefit’ not a ‘death benefit’? Apparently, when it is a benefit received under the Canada Pension Plan.

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Trusts and capital dividends

Posted on June 15, 2009 by John Loukidelis

Is a trust required to file a tax return where the trust’s only ‘income’ is a capital dividend?

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HLA Paper on Trusts and Estates

Posted on February 23, 2009 by John Loukidelis

I delivered a paper last week at the Hamilton Law Association‘s trusts and estates update. My paper focused on tax issues, of course. The session was very well attended, with well over 100 members of the local bar present.

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Dividend Caps

Posted on December 17, 2008 by John Loukidelis

Sometimes we receive instructions for incorporation that include a request to create shares with a fixed redemption amount and a right to receive unlimited dividends. We generally advise against creating such shares, especially if they are to be used in … Continue reading →

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Corporations as Beneficiaries

Posted on September 27, 2008 by John Loukidelis

It is often quite useful to have Holdco own shares of Opco through a trust rather than directly. In general, the other beneficiaries of the trust can still claim the capital gain exemption in respect of a disposition of the … Continue reading →

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Executors' fees again

Posted on September 3, 2008 by John Loukidelis

An executor who receives fees for acting as such must include the fees in income, usually as income from an office (employment income). Can this result be avoided if the fees are called a “legacy” in the will that provides … Continue reading →

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