Articles & Resources
Hot Topics in Estate Planning
We often hear about how we should be working on our “estate planning”. But what does that really mean? It is important to recognize that “estate planning” is about more than just making your Will. There are actually a number of factors that go into the creation of a successful plan. This article highlights a […]
How to raise the subject of a prenuptial agreement
A prenuptial or cohabitation agreement specifies how property shall be distributed or divided in the event of a separation or divorce. Such an agreement can also specify entitlement to spousal support. Without an agreement in place, any property that either spouse has an interest in may be subject to a claim by their spouse. In […]
The Discretionary Family Trust – Still Advantageous for Farmers
Many farmers may have heard about the “tax rollover” rules and the Capital Gains Exemption (“CGE”) rules in the Income Tax Act (Canada) (the “Act”). If applicable, these rules may create beneficial tax positions when a person transfers shares of a farming corporation to their child or to a third party. The use of these […]
You’re in a dispute: when do you call a lawyer?
One of the most common questions I receive as a civil litigator is: “Do I need a lawyer?” Often the main hesitation is the cost of retaining representation. Retaining a lawyer is expensive. Lawyers typically operate by the billable hour which means they charge for their time. Sometimes retainers are required. Depending on the nature […]
What happens to the animals in a separation or divorce?
There are a number of unique issues that can arise when a farming family goes through a separation or divorce. One of these areas arise when the parties have livestock or other animals. Generally, the specifics of how animals will be treated in the family court will vary from province to province. In Saskatchewan, animals […]
The Importance of Tracking the History of Farming Property
The Income Tax Act contains some advantageous rules that are specific to farmers. Two of the most well known and beneficial of such rules are: The ability to take advantage of these rules is dependent on whether certain conditions are satisfied. Many farmers are surprised that some of the required conditions are based on the […]