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Legal Blog: Tax


Stay of Action

Posted in Five Liners, Tax

Kaye v. Fogler Rubinoff LLP 2019 Ont SCJ

A client sued a lawyer alleging that the lawyer was negligent in preparing a tax plan and noting that CRA had re-assessed the client. The lawyer brought a motion to stay the action pending the client’s appeal of the CRA assessment. The court stated that the tax and civil actions had substantial overlapping issues and shared the same factual background and that a successful appeal in the tax action would render moot the civil action against the lawyer. The court held the benefit of forestalling an unnecessary action, outweighed the prejudice of the plaintiff being delayed for a year if its tax appeal were unsuccessful.

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Molly Luu’s Toronto Entrepreneurs Conference Presentation

Posted in SNF News, Tax

Molly Luu presented to a room full of CPA Accounting Professionals on the topic: Tax Traps to Avoid on May 9, 2018 at the 2018 Conference.

Toronto Entrepreneurs Conference speaker Molly Luu addressing attendees from the podium.

The conference was well-attended and Speigel Nichols Fox LLP was honoured to participate among 3,000 pre-registered-attendees and 17 presenters. Click here for conference details.

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Relief from Forfeiture

Posted in Five Liners, Tax

Poplar Point First Nation Development Corp. v. Thunder Bay Ont CA

After a municipal tax sale, a party entitled to the surplus that has been paid into court has one year to make an application for payment out of court to it. If no one makes the application within the one-year period, the surplus is deemed to be forfeited to the municipality. The Court of Appeal held that a court has power under section 98 of the Courts of Justice Act to grant relief from forfeiture even after the passing of the one-year period.

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