November 12, 2019 Full Day Live Webinar
The cost of this webinar $175 (+ tax) and you will earn 7.0 PD hours for registering.Please click the above link for more information on the topic descriptions and how to register.
7 CPD hours
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1. Family Business Succession: Recognize the Pitfalls to Avoid Litigation
Family business succession planning often results in corporate shares being held in a trust. Trust controlled corporations present unique challenges for trustees. Your trustee clients will encounter issues of transparency, accountability and conflict of interest, to name a few. Many disputes can be avoided through the proper exercise of the trustee’s discretionary powers, or even better during the planning process. This presentation will help you recognize the issues which can lead to litigation and offer tips to help you advise your clients during the planning and administration stages. Topics will include:
- majority vs. minority interests
- duties and obligations of trustees who administer trusts which control corporations
- beneficiaries’ right to information
- dealing with conflicts of interest
- exculpatory clauses: to what extent are they enforceable
2. The Role of Accountants in Estate Litigation
- The role of accountants in 3 common categories of estate litigation where accountants may become involved: passings of accounts, power of attorney disputes, and dependant’s relief applications
- The importance of “staying in your lane” and the scope of expert opinion evidence by accountants
- Witness preparation tips for accountants called to give evidence in estate litigation
Speakers: Clare Burns, LL.B., LL.M. & Hayley Peglar, J.D. of WeirFoulds LLP
3. Estate Planning for Disabled Beneficiaries
Providing for disabled beneficiaries on an individual’s death or incapacity has its own set of planning tools, as traditional techniques may not adequately protect the interests of such beneficiaries. These tools aim to protect the beneficiary’s entitlement to government disability support while providing the flexibility to meet the beneficiary’s particular needs. The purpose of this talk is to survey some common examples of planning tools for disabled beneficiaries, including Henson Trusts, Qualified Disability Trusts, and Lifetime Benefit Trusts.
Speaker: Maria Velichko, J.D. of Wilson Vukelich LLP
4. My Client’s Disputes are Affecting Business. What do I do?
You are a most trusted advisor to your clients. What do you do when your client is involved in a family or business dispute that is affecting their ability to focus on their business and personal objectives? What can you do if you cannot get instructions ?What happens when disputes become all out wars and litigation and what can happen if conflict is dealt with in a mediation process. Learn more about your super powers and how to deepen your relationship as a trusted advisor to your clients.
Speaker: Robin Dodokin LLB, LLM., Q. Med (Mediator/Lawyer)
5. Income Tax and HST Implications on the Sale of a Business
- Impact of HST audits on valuations
- How to deal with ongoing HST audits
- Advice accountants wish lawyers had before finalizing the transaction
6. Current Tax Cases Feature
Amit will present on a series of interesting cases relevant to your accounting practice. CRA's audit powers, financial data including tax accrual working papers, privilege, and technical tax areas will be discussed. Emphasis will be placed on the key takeaways of the decisions.
Speaker: Amit Ummat, LL.B, LL.M of Ummat Tax Law
We look forward to seeing you at our upcoming events. Should you have any ideas for topics, speakers, or anything else, feel free to contact Melanie Russell, CPA, CA, CBV, CIM, CFE, CFF, ABV at 416-488-9590 x 225.
Please note: For best audio quality, we recommend using external speakers or headphones.
About the Instructor(s)
Clare Burns is an experienced litigator who acts in complex
and highly sensitive matters. Her practice focuses on trusts, estates and
capacity litigation. Outside the firm, she is actively engaged in the
profession and broader community. She has been a Director of The Advocate’s
Society and Vice President of the National Association of Public Trustees and
Guardians. Clare has taught estates, children’s law and trial advocacy at the
University of Toronto Law School, Osgoode Hall Law School and the University of
Western Ontario Law School.
Robin Dodokin is a conflict resolution expert who is committed to assisting parties repair and preserve relationships, wherever possible. Her conflict resolution expertise includes effectively representing, business owners, shareholders, companies, creditors, financial institutions, debtors, trustees, insolvency practitioners and individuals in business and insolvency matters and mediating disputes between business partners or owners, family members, shareholders and / or beneficiaries.
Robin brings 25 years of unique experience as a commercial litigator, insolvency lawyer, certified mediator, negotiator coach and problem solver to all of her engagements. Robin is a persuasive and effective advocate. Her reputation enables her to build referral and working relationships with lawyers, accountants, tax specialists, real estate lawyers, bankers, investment advisors, insolvency practitioners, business consultants, coaches, and form multi-disciplinary teams when required.
Since 2010, Robin is regularly appointed to mediate all aspects of litigation disputes. She mediates matters between business partners, shareholders, beneficiaries and other litigants about business matters, succession, family business matters, contractual disputes, negligence and elder care. As an intuitive and creative mediator with an ability to diffuse highly charged situations, Robin is expert at reframing perspectives, exploring narratives and encouraging parties to reach agreements with levity. She assists parties to understand their conflict resolution preferences and learn to approach their conflicts from a more thoughtful and less reactive perspective. In addition, she has facilitated communication workshops and family meetings for families.
Having studied system theory in groups and being keenly aware of how individuals and systems have a tendency to repeat behaviours and patterns when involved in stressful situations or conflict, Robin believes that the best solutions to disputes between parties with on-going relationships are created by the parties and not imposed by a judge. She also appreciates that there are circumstances when litigation may be the logical route, especially in those matters where court supervised processes are required or fraud is involved.
Robin has extensive experience in the Superior Court of Justice, Commercial and Bankruptcy Courts, commencing and litigating court proceedings to obtain court orders for injunctive relief; appointing and representing receivers; preserving and freezing property; setting aside fraudulent conveyances; attacking preferences; tracing proceeds and pursuing frauds; court supervised sales and claims processes; determining priorities; respecting rights; and obtaining damages. In addition, she has expertise in representing business partners and shareholders, litigating business and shareholder disputes including seeking oppression and winding up and all related remedies.
As an acknowledged expert in her areas of practice, Robin is frequently invited to speak on topical and timely subjects, including insolvency issues, family business disputes, mediation and conflict resolution.
Robin is a past Chair of the Ontario Bar Association Insolvency Law Section and a long standing member of the Toronto Commercial Court Users Committee, Turn Around Management Association, ADR Institute, Purposeful Planning Institute and Family Firm Institute. Robin is also a volunteer mediator with Pro Bono Ontario.
Called to the Ontario Bar in 2001. B.Sc. (McGill), LL.B. (Windsor). Eric is a partner with Fogler, Rubinoff LLP practicing litigation and dispute resolution with a special emphasis on trust and estate litigation. Eric has extensive experience advising and representing individuals, corporations, charities and financial institutions in disputes concerning the administration of property by trustees, executors, guardians and attorneys, the validity and interpretation of wills, the rights and obligations of beneficiaries, fiduciaries and others with financial interests in trusts and estates, capacity proceedings, and disputes over the management and succession of family businesses. Eric also has significant experience in corporate and commercial disputes, including shareholder remedies and injunctive relief, and disputes involving real estate, including construction, development and leasing matters.
Eric is named as one of Canada’s Repeatedly Recommended Estates lawyers by The Canadian Legal Lexpert® Directory. He is also recognized as a leading lawyer in The Best Lawyers™ in Canada: Trusts and Estates.
He has appeared as counsel at all levels of Ontario courts and at the Supreme Court of Canada. Eric is a frequent speaker at legal conferences and publishes regularly on trust and estate topics, for both Canadian and US audiences. He is a director of a local charity and is a former executive committee member of the OBA Trusts & Estates Section. Eric is also a member of STEP Canada, Estate Planning Council of Toronto, Canadian Association of Gift Planners, The Advocates’ Society, and the American Bar Association.
Hayley Peglar is an associate in the litigation practice
group at WeirFoulds LLP. She advises clients on a diverse range of civil and
commercial litigation matters, with a focus on estate, trusts, and capacity
litigation. Through her memberships in the Ontario Bar Association, The
Advocates’ Society, and the Toronto Lawyers Association, Hayley stays up to
date on the legal developments and trends which impact her clients. She
currently serves as a member-at-large on the OBA Elder Law Section executive
and is an active member of the Junior Trusts and Estates Practitioners Group.
Hayley is also a member of the WeirFoulds Women program which promotes a
successful and diverse working environment.
Angela’s practice focuses on all aspects of tax dispute resolution, commencing at the audit stage with the Canada Revenue Agency, right to the appeals’ stage at the Tax Court of Canada (and beyond, to the Federal Court of Appeal).
Her attraction to taxation law commenced in law school, as a Research Assistant for a taxation law professor. She excelled in the Master of Law (Taxation) full-time program at Osgoode Hall Law School, York University. Angela continued to take taxation law courses post-LLM in a desire to complete all taxation law courses offered, which she has now accomplished. Combining her academic writing during the advanced degree and afterward, she has written 16 academic final papers in varied areas of taxation law. Since September 2015, she has attended over 100 continuing professional development programs in the area of taxation law.
Angela has worked at two law firms, which practice exclusively in taxation law, in Kitchener and Toronto; the former firm dealing with income tax, commodity tax, Canada Pension Plan, and Employment Insurance matters and the latter firm dealing with commodity tax and customs’ matters.
Prior to her career in taxation law, Angela spent nearly 7 years in civil litigation, and domestic family law and child protection. During this time, she worked at two law firms in the Niagara Region, operated her own practice in domestic family law and child protection, and worked as in-house legal counsel at the Children’s Aid Society of the Niagara Region. She brings to Rogerson Law Group extensive litigation experience.
Among other memberships, she is currently the Vice-Chair of the Taxation Law Section of the (Canadian) Ontario Bar Association and the first woman to hold this position. This will be her fourth year on the Executive Committee. As well, she is a member of the Canadian Tax Foundation Young Practitioners Steering Committee. Angela is also currently enrolled in the CPA Canada In-Depth Tax Program.
Amit UmmatAmit has over a decade of experience resolving a wide range of corporate and international tax disputes. He is involved in all aspects of tax controversy management, including assisting during tax audits; answering demands for production of documents to various tax authorities; asserting privilege over documents and communications; representing taxpayers at all levels of Court; negotiating favorable settlements; preparing taxpayer relief submissions; and competent authority involvement to negotiate tax relief in international tax disputes. Amit previously served as Tax Counsel with the Department of Justice Canada where he obtained extensive tax litigation experience, regularly appearing before the Tax Court of Canada, Federal Court of Canada, Federal Court of Appeal, and the Supreme Court of Canada. Amit writes frequently for various publications and regularly speaks at key industry events. Please visit www.ummat.ca for full biography.
Maria joined Wilson Vukelich as an associate lawyer in 2017 after successfully completing her articles at the firm. Maria is developing a practice in a range of estate planning matters, including wills, trusts, powers of attorney and estate administration.
As an articling student, Maria assisted in providing private client services related to estate planning, estate administration, and taxation. Maria was involved in all steps of the estate planning process, including developing individualized estate plans based on clients’ circumstances, drafting a variety of estate planning documents, and researching complex estates, trusts, and taxation issues.
While at law school, Maria gained experience in estate planning through her course work and her involvement with the Pro Bono Students Canada Wills Project. Through the Wills Project, Maria drafted wills for low-income clients and conducted a public legal education seminar about estate planning. Maria was also fortunate to assist low-income clients in navigating Ontario Disability Support Program-related issues as a Division Leader at Osgoode Hall Law School’s Community & Legal Aid Services Programme.