In Al-Hossain v R, 2014 TCC 379, the Court wrote:
The creation of a trust must be properly documented containing the requisite elements of a trust, dated, signed and in existence prior to or contemporaneous with the matter that is the subject of the trust arrangement.
Neal Armstrong is concerned that statements like this, for which the Court did not cite any authority,
might embolden CRA to resuscitate the position in the defunct IT-216 that it will not accept that a corporation holds real estate for its shareholder unless the declaration of trust was signed at the time of the property’s acquisition.
