Creditor Proofing

Professionals who advise their clients to enter into creditor-proofing transactions need to think twice in light of Abakhan & Associates Inc. v. Braydon Investments Ltd., 2009 BCCA 521. In this case, the B.C. Court of Appeal dismissed an appeal from a judgment that, in effect, set aside a species of butterfly transaction under the Fraudulent Conveyance Act, 1996, R.S.B.C. c.163, even though the principal of the distributing corporation “had no dishonest intent, or mala fides, and acted on professional advice to effect legitimate business purposes” [¶2].

T1135

A taxpayer is required to file a form T1135 in respect of foreign property, including foreign securities, even if the securities are held in a Canadian brokerage account. If you fail to file the form in these circumstances, and the…