New Resources | Business Issues in Family Law

Business issues frequently arise in family law matters, but some family lawyers may find themselves struggling to understand them or advance their clients’ interests. We recently broadcasted a two-part series on this topic chaired by Amanda Baretta, Latitude Family Law and joined by presenters Darryl Antel, Felesky Flynn LLP; Michelle Bailey, Moe Hannah LLP; Cameron Brinkman, Pisko Brinkman LLP; Brittany Dela Rosa, MNP LLP; Michelle Mackay, Bruyer & Mackay LLP; and Bailey Rivard, MNP LLP. The below papers were presented at this program and are now available online for individual purchase and download.

Note: If you are a LESA Library subscriber, these resources are now available to you as part of your annual subscription. 

Papers from Business Issues in Family Law

Protect Ya Neck: Avoiding Tax Traps in Family Property Settlements

Family property divisions involving one or more shareholders of a Canadian-controlled private corporation can present both the opportunity for a tax-efficient property division and significant tax risks for both the transferor and transferee of property. The focus of this paper is on the tax risks, with the intention of allowing the reader to identify potential issues and protect their clients by seeking expert advice where warranted. $65 + GST

Three’s Company: Considering A Corporation in the Division of Family Property

When a closely held corporation is run by a couple who are ending their personal relationship, the corporation, as a ‘legal person’ becomes a third individual that must be accounted for in settlement proceedings. This paper looks at defining roles within corporate governance, including the rights and responsibilities of shareholders, directors, and officers. It also reviews equitable remedies, focusing on oppression remedies and piercing the corporate veil to provide practical relief for parties whose wealth is caught up in corporate structures. $65 + GST

The Evolution of Disclosure from Sweeney to Colucci

The “how” of determining the amount of child support owed by parents continues to stymie parents, lawyers, and judges alike. Some of the issues include how the income of the payor parent is determined, what types of documents are needed to confirm the amount of income, who is responsible for requesting or obtaining the supporting documentation, and so on. This paper provides insight into and information about the type of financial disclosure that is required to determine the “how” of child support. $65 + GST

Personal Benefits: Imputing Income Pursuant to Section 19(1)(g) of the Federal Child Support Guidelines

The term ‘personal benefits’ means something different to accountants than it does to family law professionals. When the payor spouse/parent asks their accountant for assistance in quantifying personal benefits, which is reasonable, the accountant presumes their definition of the term is appropriate, and often concludes there are none. However, this may not be the case when calculating or disputing child support payable. This paper examines tax and other issues relating to personal benefits in the family law context. $35 + GST

Allocation of Undistributed Pre-Tax Corporate Income: Section 18 of the Federal Child Support Guidelines

This paper provides tax information for family law practitioners relating to pre-tax corporate income generally, distributions, and allocation of undistributed pre-tax corporate income. $35 + GST

Access the Recordings + Papers

The live broadcast of Business Issues in Family Law was recorded and is now available as an on-demand program. Click here to purchase Business Issues in Family Law (On-Demand) to gain access to the recordings and all of the above noted materials for one low price of  $345 + GST. 

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