Articles 2020

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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

2023/24 OBA Trusts and Estates Law Section Year End Report of the Public Affairs and Policy Committee

  • July 11, 2024
  • Angelique Moss and Demetre Vasilounis, OBA Trusts and Estates Law Section co-Public Affairs Liaisons (2023-2024)

The OBA Trusts and Estates Law Section’s Public Affairs and Policy Committee had a busy 2023/2024 term, having an ambitious list of projects on their docket. In this article, Angelique Moss and Demetre Vasilounis (co-Chairs of the committee) highlight some of these projects.

Student Forum, Trusts and Estates Law

Court of Appeal Upholds Purchase Money Resulting Trust Decision

  • July 11, 2024
  • Diane Vieira, de Vries Litigation LLP

In this article, Diane Vieira discusses the case of Bradshaw v Hougassian. This is a decision of the Ontario Court of Appeal which clarifies the legal requirements for finding a purchase money resulting trust.

Student Forum, Trusts and Estates Law

The First Home Savings Account – A Key to Savings for First-Time Home Buyers

  • May 28, 2024
  • Jennifer Corak, Michael Ding and Sanaya Mistry, WeirFoulds LLP

With the increase in housing prices, the announcement of the First Home Savings Account (“FHSA”) in 2023 was welcome news for many Canadians. In this article, Jennifer Corak, Michael Ding and Sanaya Mistry discuss some key questions related to the FHSA, including at a high level what it is, how it can be used and what happens if an individual dies holding an FHSA.

Student Forum, Trusts and Estates Law

Brief Update on Technology in Estates Litigation – Calendly and CaseLines

  • May 27, 2024
  • Krystyne Rusek, OBA Trusts and Estates Law Section co-Technology Liaison (2023-2024)

In this article, Krystyne Rusek, the OBA Trusts and Estates Law Section co-Technology Liaison for the 2023-2024 term, provides an update on technology in estates litigation. Specifically, she discusses the use of Calendly and CaseLines.

Student Forum, Trusts and Estates Law

Ontario Estates Bench-Bar Liaison Committee Meeting Minutes – January 15, 2024

  • May 27, 2024
  • Ontario Estates Bench-Bar Liaison Committee

The first Ontario Estates Bench-Bar Liaison Committee meeting of 2024 was held on January 15th. Topics of discussion during this meeting included electronic filing of notices of objection, matters relating to applications for Certificates of Appointment, recent decisions related to changes to the Succession Law Reform Act, and more.

Trusts and Estates Law

Brown Bag Lunch – April 16, 2024

  • May 16, 2024
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

The April Brown Bag Lunch was held on April 16th and, as usual, members of the OBA Trusts and Estates Section gathered to discuss various issues that have come up in their practices recently (such as moral claims under section 5 of the Escheats Act, 2015 and timing for resignation and passing of accounts). The next Brown Bag Lunches will be held on May 21 and June 18, 2024. These will be the final two meetings for the 2023-2024 OBA term. Meetings will then resume in September.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – March 19, 2024

  • May 16, 2024
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

A number of interesting discussions were had at the March 2024 Brown Bag Lunch. One topic of discussion was about the situation where there was no affidavit of execution and a deceased witness. Another discussion was about the situation where a witness to a codicil was a beneficiary of the Will, but not as a result of the codicil. If you would like to join the meetings please contact the moderator, Rebecca Kennedy, for Zoom details.

Student Forum, Trusts and Estates Law

Brown Bag Lunch – February 20, 2024

  • May 16, 2024
  • Rebecca Kennedy, Adair Goldblatt Bieber LLP

On February 20, 2024, OBA members met for the monthly Brown Bag Lunch. Attendees discussed the use of trusts for registered plans, issues relating to limited Wills, multiple Wills in separate jurisdictions, and the administration of a person’s estate where there are assets in multiple jurisdictions, and more.

Student Forum, Trusts and Estates Law