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October 2020

A recent Ontario court decision could upend estate planning. This article will briefly review the common law principles governing the gratuitous transfers of property, the Supreme Court of Canada (“SCC”) decision in Pecore v. Pecore, 2 and how this decision has been applied in Calmusky and other recent court decisions to override transfers pursuant to beneficiary designations. This article will also discuss steps that can be taken to ensure that a beneficiary designation in favour of adult children (and other adult beneficiaries) will be respected by the Courts.
TORONTO — A wealthy businessman will have to pay more than $50,000 a month in spousal support for 10 years to a woman with whom he had a long-term romantic relationship even though they kept separate homes and had no children together, Ontario’s top court has ruled. Under Ontario law, an unmarried couple are considered common-law
By Carey Lee, CPA, CA, Business owners typically consider tax planning at a time when their businesses are flourishing and their wealth is increasing. However, the COVID-19 pandemic — and the ensuing economic downturn — may also provide planning opportunities that can improve their tax situation. Let’s discuss how business owners may achieve tax savings in the long run by implementing an estate freeze or a refreeze during an economic downturn, as well as the insurance opportunities they present.
By Glenn Stephens, LLP, TEP, FEA, The valuation of life insurance policies for the purposes of Canadian tax law is subject to a confusing set of rules and interpretations. In some instances, specific provisions in the Income Tax Act (the Act) apply, and in others, more general provisions may or may not apply. Regardless, these rules are subject to the interpretation of the Canada Revenue Agency (CRA), whose pronouncements can be inconsistent and difficult to reconcile.
By Carol Neuss Thanks to a clampdown on drunk driving, more use of seatbelts, and cars equipped with airbags and the technology to help avoid accidents, the number of deaths due to motor vehicle accidents has decreased over the past few decades. However, the risks of mortality and morbidity related to drunk driving are still essential risk factors to assess when underwriting insurance applicants.