Welcome and Introduction by PBLI


Chair's Welcome and Introduction


Carmen S. Thériault, Q.C.

Norton Rose Fulbright Canada LLP



Let's Settle This: Trust Settlement Issues and Advice


Carmen S. Thériault, Q.C.

Norton Rose Fulbright Canada LLP


  • Issues pertaining to choice of settlor
  • Settlement property and settlement costs
  • Advising settlors and trustees who are not clients
  • Advice for navigating procedural pitfalls



Questions and Discussion


Flagging Tax Issues When Structuring a Trust


Riley Burr

Norton Rose Fulbright Canada LLP


  • Achieving certain tax results in tricky contexts: trust involved in an estate freeze, principal residence trusts, and others
  • Dealing with practical issues during administration or windup: debt forgiveness, 21-year-rule issues for advisors, and other issues



Questions and Discussion


Refreshment Adjournment


Drafting and Using Powers of Appointment


Laura West

Norton Rose Fulbright Canada LLP


  • Planning Issues and Opportunities
  • Drafting Considerations
  • Exercising Powers - Factors to Consider



Questions and Discussion


Networking Lunch

1:15 Trusts & Real Estate
  Sally Dennis

Farris, Vaughan, Wills & Murphy LLP


  • Pros and cons of holding real estate in a trust
  • New tax rules affecting principal residence trusts
  • Empowering the trustee
  • Property transfer tax - ins and outs and recent changes
  • Use and abuse of bare trusts


   1:55 Questions and Discussion
   2:05 Charitable Giving via Trusts: Tax Tips and Traps

Pam Prior



  • What kind of trust can or should be used to facilitate charitable gifting in a tax-effective manner?
  • Best practices from a tax perspective with respect to the use of trusts to facilitate charitable gifting



Questions and Discussion


Refreshment Adjournment


Avoding and Dealing with Trust Disputes: Lessons from a Litigator


Roger Lee

DLA Piper (Canada) LLP


  • How a trustee should deal with conflicts of interest
  • Is a trustee obligated to give reasons for their decisions?
  • What documents should a trustee provide to the beneficiaries?
  • Remuneration and the importance of keeping records



Questions and Discussion


Issues for Professional Trustees


Fiona Hunter

Horne Coupar


Roger Lee

DLA Piper (Canada) LLP


Catharine Turner

RBC Wealth Management


  • A discussion of tricky issues and fact patterns that arise for professional trustees, including:

         - Conflicts of law issues: knowing when there is an issue and knowing how to resolve it

         - Issues that arise when handling joint accounts or joint property, as well as family law issues



Questions and Discussion


Chair's Closing Remarks and Conference Concludes