Where is a Trust Resident? Garron Family Trust v. The Queen
On March 13, 2012, the Supreme Court of Canada is tentatively scheduled to hear an appeal by the trustee of two trusts (St. Michael Trust Corp., as trustee of the Fundy Settlement – a.k.a. the Garron...
View ArticlePublic Foundation or Private Foundation? The Sheldon Inwentash and Lynn...
On February 29, 2012, the Federal Court of Appeal (“FCA”) heard oral argument in The Sheldon Inwentash and Lynn Factor Charitable Foundation v. Her Majesty the Queen (FCA Court File No. A-235-11)....
View ArticleArgument concludes in Supreme Court of Canada in trust residence appeal (Garron)
Earlier today, the Supreme Court of Canada heard arguments in the Garron appeal. The reasons for judgment of the Tax Court of Canada and the Federal Court of Appeal, as well as the factum of each...
View ArticleGAAR Did Not Apply In Respect of Capital Gains Allocated to Minor...
On March 21, 2012 the Tax Court of Canada issued judgment in the decision of McClarty Family Trust et al v. The Queen. The Minister of National Revenue (the “Minister”) had applied the general...
View ArticleA triumph of functionalism over formalism: SCC holds that the test for...
Less than a month after hearing oral argument on March 13, 2012, the Supreme Court of Canada today released judgment and reasons for judgment in the Fundy Settlement v. Canada also known as the Garron...
View ArticleFurther thoughts on the Fundy Settlement decision: Supreme Court offers a...
In Garron Family Trust v. The Queen (2009 TCC 450), Justice Judith Woods of the Tax Court of Canada came down with a very broad new rule for determining the residence of trusts. [162] I conclude,...
View ArticleBrent Kern Family Trust: FCA Dismisses Appeal
In Brent Kern Family Trust v. The Queen (2014 FCA 230), the Federal Court of Appeal dismissed the taxpayer’s appeal with reasons delivered from the bench. The taxpayer had argued that the decision of...
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