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Category: Rectification/Rescission

Rectification post-Fairmont

Posted on: January 22, 2024 Last updated on: January 12, 2024 Written by: John Loukidelis
In Slightham et al. v. AGC, 2023 ONSC 6193 (which I also discuss here), the Court granted rectification of two trust deeds where the applicants were able to prove that the deeds did not accurately reflect the intentions of the…
Continue reading “Rectification post-Fairmont”…

Rectification success

Posted on: December 20, 2023 Last updated on: December 20, 2023 Written by: John Loukidelis
In Slightham et al. v. AGC, 2023 ONSC 6193, the Court granted rectification of a trust deed that inadvertently prohibited the allocation of income derived from Opco to Holdco, which was a beneficiary of the trust. The parties had intended…
Continue reading “Rectification success”…

Collins Family Trust

Posted on: June 22, 2022 Last updated on: June 23, 2022 Written by: John Loukidelis
Here’s the final word from the Supreme Court on rectification and rescission. Shorter SCC: Don’t send us tax-related cases; we don’t like them. Canada (Attorney General) v Collins Family Trust, 2022 SCC 26 On appeal from the BCCA, were the…
Continue reading “Collins Family Trust”…

Rescission lives

Posted on: December 10, 2020 Last updated on: December 10, 2020 Written by: John Loukidelis
In Collins Family Trust v. Canada (Attorney General), 2020 BCCA 196, aff’g 2019 BCSC 1030, the Court affirmed Re Pallen Trust, 2015 BCCA 222, and held that, even Fairmont, 2016 SCC 56, and Jean Coutu (PJC), 2016 SCC 55, rescission…
Continue reading “Rescission lives”…

Rectification revival

Posted on: March 20, 2020 Last updated on: March 20, 2020 Written by: John Loukidelis
The BC courts continue to do their part to revive rectification as an important tool for fixing tax mistakes (or, more properly, delineate better the circumstances in which the tool can be used). See 5551928 Manitoba Ltd. (Re), 2018 BCSC…
Continue reading “Rectification revival”…

Rectification Granted Post Fairmont

Posted on: April 11, 2019 Last updated on: May 16, 2019 Written by: John Loukidelis
In Crean v Canada (Attorney General), 2019 BCSC 146, two brothers entered into an agreement they drafted that provided for one brother to sell his one-half of Opco’s shares to the other brother (the owner of the remaining one-half). The…
Continue reading “Rectification Granted Post Fairmont”…

SCC and rectification

Posted on: August 12, 2017 Last updated on: August 12, 2017 Written by: John Loukidelis
Robert Kreklewetz and John Bassindale, “SCC on Rectification Requirements” , Canadian Tax Highlights 25:1 (January 2017) comments on Fairmont Hotels (2016 SCC 56) and Jean Coutu Group (2016 SCC 55) and includes the following statement: Interestingly, Wagner J took the…
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Variation not retroactive

Posted on: June 23, 2015 Last updated on: June 23, 2015 Written by: John Loukidelis
One of the beneficiaries of a 1995 trust, the settlor’s daughter-in-law, died unexpectedly in 2009. The settlor’s son was also a beneficiary of the trust but only for capital. He purported to begin taking income in 2009 anyway. The settlor…
Continue reading “Variation not retroactive”…

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Recent notes

Pleading away privilege

In One York Street Inc. v 2360083 Ontario Limited, 2026 ONCA 176, the Court held that, by putting in issue its state of mind on signing a lease where the state of mind was based in part on legal advice,…
Continue reading “Pleading away privilege”…

Resigning as a director

According to the author, Stevens v R, 2026 TCC 76, is an important reminder of the importance of “objective” evidence for a director’s resignation. Having a resignation witnessed, ensuring that the corporation has updated its records and ensuring that the…
Continue reading “Resigning as a director”…

Build Canada announcements

Oslers has a couple of good posts on its website—here and here—about tax-related “Canada strong” announcements. The CRA, when considering advance tax rulings, will prioritize “nation-building projects”, and the Income Tax Act (Canada) will be amended to permit a new…
Continue reading “Build Canada announcements”…

Receipts from fraudulent investment schemes

In Daniel Sze “Receipts from Fraudulent Schemes: When Are They Taxable?” Canadian Tax Focus 16:3 (August 2026), the author gives an overview of cases that have considered the taxation of amounts a taxpayer receives from a fraudulent “investment”. He notes…
Continue reading “Receipts from fraudulent investment schemes”…

Deductibility of professional fees

In Hypertec Systèmes inc. v Agence du revenu du Québec, 2025 QCCQ 6704, the taxpayer, the administrative entity for a corporate group, incurred about $1.3 million of professional fees in respect of a shareholder dispute that included a claim for…
Continue reading “Deductibility of professional fees”…

Recent Posts

Pleading away privilege

In One York Street Inc. v 2360083 Ontario Limited, 2026 ONCA 176, the Court held that, by putting in issue its state of mind on signing a lease where the state of mind was based in part on legal advice,…
Continue reading “Pleading away privilege”…

Resigning as a director

According to the author, Stevens v R, 2026 TCC 76, is an important reminder of the importance of “objective” evidence for a director’s resignation. Having a resignation witnessed, ensuring that the corporation has updated its records and ensuring that the…
Continue reading “Resigning as a director”…

Build Canada announcements

Oslers has a couple of good posts on its website—here and here—about tax-related “Canada strong” announcements. The CRA, when considering advance tax rulings, will prioritize “nation-building projects”, and the Income Tax Act (Canada) will be amended to permit a new…
Continue reading “Build Canada announcements”…

Receipts from fraudulent investment schemes

In Daniel Sze “Receipts from Fraudulent Schemes: When Are They Taxable?” Canadian Tax Focus 16:3 (August 2026), the author gives an overview of cases that have considered the taxation of amounts a taxpayer receives from a fraudulent “investment”. He notes…
Continue reading “Receipts from fraudulent investment schemes”…

Deductibility of professional fees

In Hypertec Systèmes inc. v Agence du revenu du Québec, 2025 QCCQ 6704, the taxpayer, the administrative entity for a corporate group, incurred about $1.3 million of professional fees in respect of a shareholder dispute that included a claim for…
Continue reading “Deductibility of professional fees”…

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Archives

Categories

Recent Posts

Pleading away privilege

In One York Street Inc. v 2360083 Ontario Limited, 2026 ONCA 176, the Court held that, by putting in issue its state of mind on signing a lease where the state of mind was based in part on legal advice,…
Continue reading “Pleading away privilege”…

Resigning as a director

According to the author, Stevens v R, 2026 TCC 76, is an important reminder of the importance of “objective” evidence for a director’s resignation. Having a resignation witnessed, ensuring that the corporation has updated its records and ensuring that the…
Continue reading “Resigning as a director”…

Build Canada announcements

Oslers has a couple of good posts on its website—here and here—about tax-related “Canada strong” announcements. The CRA, when considering advance tax rulings, will prioritize “nation-building projects”, and the Income Tax Act (Canada) will be amended to permit a new…
Continue reading “Build Canada announcements”…

Receipts from fraudulent investment schemes

In Daniel Sze “Receipts from Fraudulent Schemes: When Are They Taxable?” Canadian Tax Focus 16:3 (August 2026), the author gives an overview of cases that have considered the taxation of amounts a taxpayer receives from a fraudulent “investment”. He notes…
Continue reading “Receipts from fraudulent investment schemes”…

Deductibility of professional fees

In Hypertec Systèmes inc. v Agence du revenu du Québec, 2025 QCCQ 6704, the taxpayer, the administrative entity for a corporate group, incurred about $1.3 million of professional fees in respect of a shareholder dispute that included a claim for…
Continue reading “Deductibility of professional fees”…

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