Archive for the ‘Estate Litigation’ Category

Court of Appeal: Promise to Gift House to Son Unenforceable

Tuesday, April 22nd, 2014

The recent Ontario Court of Appeal decision in Kavanagh v. Lajoie serves as a reminder to folks on the receiving end of a promise not to count their chickens before they are hatched. In 2005, Mark Lajoie’s father promised to gift him a house in Ottawa.  The father then transferred title ...

DEDUCTIBILITY OF EXECUTOR EXPENSES

Monday, April 21st, 2014

Generally speaking, an executor who earns fees in the course of carrying on a business may deduct the expenses net of any estate reimbursement against the fees in computing net income for tax purposes. An executor who is not performing their duties in the course of carrying on a ...

Estate and Trusts with Foreign Properties and/or Transactions: Reporting Implications – an update

Wednesday, April 2nd, 2014

In a recent blog, I wrote about the annual reporting obligations to the Canada Revenue Agency (“CRA”) on trusts with foreign properties and/or transactions. I cautioned that it was important to stay out of the “penalty” box in this regard. Some rule changes have been introduced, some for the better ...