Al-Hossain v. The Queen, 2014 TCC 379 -- summary under Effective Date

By services, 28 November, 2015

To secure mortgage financing for his home purchase, the appellant's friend ("Khandaker") agreed to co-sign the mortgage documents and to be placed on title as a co-owner. Less than three weeks after closing, they signed a statutory declaration stating that the appellant was the 100% beneficial owner and that Khandaker held a 0.01% interest in trust for the appellant. In rejecting a submission that the appellant was the sole beneficial owner (so that the new housing HST rebate was available to him), Lyons J stated (at para. 27):

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.

See summary under ETA s. 254(2).

Topics and taglines
Tagline
bare trust declaration was too late
d7 import status
Drupal 7 entity type
Node
Drupal 7 entity ID
332515
Extra import data
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