At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

Marc Weisman

Partner

Toronto

PROFILE

Marc's practice focuses on tax law, business law and estate planning. 

He has extensive experience advising on the purchase, sale and structuring of domestic and international businesses, debt and equity financings, private placements, private equity transactions, management buyouts, corporate reorganizations, commercial and business arrangements including shareholders' agreements, partnership agreements, equity participations plans and succession and estate planning.

Marc provides counsel on day-to-day activities for a wide range of domestic and international clients including manufacturers, distributors, developers, venture capital, private equity as well as individual professionals including physicians, dentists, pharmacists and others.

He also has extensive experience advising on international outbound and inbound transactions and business activities including Canadian clients establishing, or acquiring, foreign businesses, and foreign clients establishing, or acquiring, Canadian businesses.

Marc also practices in the area of tax dispute resolution and voluntary disclosures. 

He has developed a significant tax practice assisting accountants, financial advisors and non-tax lawyers assisting their clients.

Marc has completed CICA Parts I & II, as well as Estate Planning Tax, Corporate Reorganizations Tax, Advanced International Tax and Tax Law for Lawyers.

Publications

NOVEMBER 01 2018

Multiple Wills Alert!

A recent decision of the Ontario Superior Court of Justice (Re Milne) may affect the Wills of clients who have used multiple Wills to reduce probate fees. If you have Primary and Secondary Wills in place, this court decision may put that planning in jeopardy...

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OCTOBER 15 2018

Section 7 and "Agreement" - There Must Be a Legally Binding Agreement

In Transalta v. The Queen (2012 DTC 1106) ("Transalta"), the Tax Court of Canada concluded that for the stock option rules in section 7 of the Income Tax Act (the "ITA") to apply there must be a "legally binding agreement" by the corporate employer to issue shares to the employee...

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MARCH 26 2018

Univar Holdco Canada ULC v. Canada - The Relevance Of Alternative Transactions, Subsequent Amendments And Finance Commentary To The GAAR Analysis

On October 13, 2017, the Federal Court of Appeal released its decision in Univar Holdco Canada ULC v. Canada, 2017 FCA 207. The Federal Court of Appeal overturned the decision of the Tax Court of Canada, 2016 TCC 159, and held that GAAR did not apply to the transactions at issue...

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Memberships

  • Canadian Bar Association
  • Canadian Tax Foundation
  • Ontario Bar Association – Tax, Trusts and Estates, and Business Law Sections

Education

  • Called to the Ontario Bar, 2000
  • LL.B., Osgoode Hall Law School, 1998
  • B.A., York University, 1995

Publications

  • "Proposals Targeting Passive Investment Income of Private Corporations" October, 2017
  • "Government to Reduce the Small Business Tax and Revise the July 18, 2017 Tax Proposals" October, 2017
  • "Department of Finance Canada Issues Press Release Regarding the July 18, 2017 Tax Proposals" October, 2017
  • "A Distribution by an Estate to a Non-Resident Beneficiary of Cash Considered to be a Disposition of Taxable Canadian Property" September, 2017
  • "Open Border – Hidden Risks" November, 2016
  • "Crafting Cross-Border Structures" September, 2016
  • "Federal Budget 2016 – Did it Live Up to the Hype?" Marc, 2016
  • "The Unexpected Creditor: Why the Right to Redeem or Retract Shares Matters to Lenders" December, 2015
  • "Changes to the Taxpayer Bill of Rights – The right to complain about CRA actions without fear of reprisal" July, 2013
  • "CRA's Tax Collection Abilities Across International Boundaries" June, 2013
  • "Wills: Use an Expert Estate Planning Lawyer Now, or Your Family Will Need Good Litigators Later" April, 2013
  • "International Tax: Does a Canadian Captive Services Subsidiary Constitute a Permanent Establishment of a Non-Resident Parent?" February, 2013
  • "The Unexpected Creditor: Why the Right to Redeem or Retract Shares Matters to Lenders" January, 2013
  • "If you Don't Do it Right There Will Be Tax to Pay" November, 2012
  • "The GST/HST Website Registry – Use Caution!" August, 2012
  • "Double Withholding on the Redemption of Shares Owned by a Non-Resident" July, 2012
  • "Does Everyone Agree That Section 7 of the Income Tax Act Applies?" June, 2012
  • "Registration for GST/HST - Gone with the 30 Day Grace Period" April, 2012
  • "Interest liability: Who pays? " February, 2012
  • "Say nothing without your tax advisor present" January, 2012
  • "Executors and Tax Returns: Rosenberg Estate v. Canada (National Revenue)" December 2011
  • "Payroll Withholding Taxes – A notice of assessment is not required for the CRA to enforce collection on unremitted payroll withholding taxes" November 2011
  • "What to do when deadlines pass: Big Bad Voodoo Daddy" August 2011
  • "What a Relief! Bozzer v. The Queen - Waiver of Interest and Penalties under the Taxpayer Relief Guidelines" July 2011
  • "Which partnerships must fi le information returns in 2011?" June 2011
  • "Spousal and common-law partner trust planning" March 2011
  • "Does the tax man owe you a Duty of Care?" co-authored with Stuart Thom, Fall, 2010,
  • "CRA’s Duty of Care in the context of the Bankruptcy and Insolvency Act" October, 2010
  • "Which professionals can incorporate?" September, 2010
  • "Professional corporations for dentists and physicians: What are the tax advantages?" June, 2010
  • "Income Splitting” May, 2010
  • "As Winter Approaches, Another Kind of Freeze May be in Order" Canadian Jewish News, November 2009
  • In addition to making contributions to the Canadian Tax Reporter, Marc has assisted on the update of the text: Canadian Tax Research: A Practical Guide.
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