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Miller Thomson has uniquely Canadian insights on the latest legal and business trends and developments, and how they affect you and your organization.

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New succession strategies for businesses

September 24, 2024 | Stéphanie Pépin

Wealth Matters

With thousands of baby boomers due to retire over the next few years, many private companies will need to prepare for their succession. To facilitate business transfers, two new tax measures were incorporated into the Income Tax Act (“ITA”) effective January 1, 2024. Making […]

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Planning a successful business sale

September 24, 2024 | Seon K. Kang, Shane Goldman

Wealth Matters

Selling a business is a complex process requiring extensive legal planning. To unlock the highest value at the lowest risk and make sure the sale goes off without a hitch, business owners have to prepare appropriately. The following are some […]

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Alleged undue influence and incapacity dismissed by Ontario Superior Court: Graham v. McNally Estate and Blais

September 5, 2024 | Sarah Hallman-Krul

Wealth Matters

The recent Ontario Superior Court case of Graham v. McNally Estate and Blais[1] involved a will challenge based on three commonly used grounds for invalidating a will: (a) lack of testamentary capacity; (b) undue influence; and (c) suspicious circumstances surrounding […]

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Powers of Attorney: The status of an attorney’s ability to deal with the grantor’s beneficiary designations

August 15, 2024 | Hillary Linden, TEP, Vanessa Rosteski

Wealth Matters

Powers of attorney are documents that permit a person (the “grantor”) to grant legal standing to another person (the “attorney”), enabling the attorney to deal with the grantor’s property and financial affairs.[1] They are powerful documents and the law in […]

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Powers of Attorney for the Ontario business owner

May 21, 2024 | Sarah Hallman-Krul, Elizabeth Gaudet

Wealth Matters

A business owner’s Will is often the focus of an estate planning discussion. As part of your estate planning you can, and should, consider what will happen regarding the management of your business and its assets when you die. However, […]

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Upcoming changes to the capital gains inclusion rate: Planning opportunities to reduce the impact of the new rules

May 1, 2024 | William J. Fowlis, KC, FCPA, FCA, TEP, Andrew C. Bateman

Tax Notes

Since 2000, the capital gains inclusion rate under the Income Tax Act (the “Tax Act”) has been one-half of the applicable capital gain.  As a consequence, capital gains during this period of time have generally been subject to tax at […]

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New trust reporting rules: CRA clarifies stance on late penalty relief for bare trusts

March 19, 2024 | Kaitlyn Nelson, Stephen Hsia

Wealth Matters

On March 12, 2024, the Canada Revenue Agency (“CRA”) clarified its position on the application of late filing penalties to bare trusts. Bare trusts that fail to meet the filing deadline for the 2023 tax year will only be subject […]

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Invoking undue influence to challenge wills and other deeds in Quebec

February 29, 2024 | Antonio Iacovelli

Wealth Matters

The notion of “undue influence” (captation, in French) has been referred to as “worming one’s way into someone’s good graces and obtaining from him gifts depending on the degree of affection one has managed to inspire.”[1] The courts in Quebec […]

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Decoding afterlife finances: Understanding the tax implications for RRSPs, TFSAs and FHSAs upon the holder’s death

February 29, 2024 | Hillary Linden, TEP, Sierra Gaines

Wealth Matters

In this article, we consider the tax and other implications of registered plans upon death, including the Registered Retirement Savings Plan (“RRSP”), the Tax-Free Savings Account (“TFSA”) and the new First Home Savings Account (“FHSA”). 1. RRSPs In Canada, on […]

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Tips for the drafting solicitor: The automatic vesting of real property weighed against the testator’s intention

December 19, 2023 | Nicole Cianci

Wealth Matters

THE AUTOMATIC VESTING RULE: AN OVERVIEW Pursuant to Section 9(1) of Ontario’s Estate Administration Act[1] (the “EAA”), Real property not disposed of, conveyed to, divided or distributed among the persons beneficially entitled thereto under section 17 by the personal representative […]

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Displaying 1-10 of 92

Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.