Miller Thomson is pleased to announce that Sheldon Silver, Q.C. and Clifford Goldlist have both joined the firm in the Taxation Group in Toronto. We are all very excited to have them on board and extend our warmest welcome to...
Introduction Professionals involved in the preparation of Wills should be made aware of the potential consequences of the doctrine of ademption. Put simply, the doctrine provides that you cannot bequeath what you do not own. For example, if a testator’s Will...
The Tax Court of Canada’s decision in Paul Antle v. Her Majesty the Queen (2009 D.T.C. 1305) (“Antle”)[1], recently upheld by the Federal Court of Appeal (2010 F.C.A. 280), focused primarily on the residency of a trust purportedly established in...
The Federal Court of Appeal recently ruled on a partnership freeze structure, unanimously dismissing the taxpayer’s appeal in Krauss (2010 FCA 284). Krauss is the first reported case dealing with a partnership freeze. The taxpayer and her adult son (who...
A question regarding the use of an alter ego trust (or a joint partner trust) as a charitable remainder trust was raised at the CRA roundtable at the 2010 CALU Conference (CRA document number 2010-0359461C6). Generally speaking, a charitable remainder...
In the weeks and months leading up to December 2010, there was great uncertainty in the United States regarding the fate of the politically divisive ‘estate tax.’ US estate tax has traditionally applied to the value of deceased US citizens’...
