Principal Issues: Whether the capital gains exemption can be claimed as a result of a sale of a family home
Position: Question of fact. If a personal trust was created as a consequence of death, the personal trust may claim the principal residence exemption to reduce or eliminate a capital gain that the trust would otherwise have on the disposition of the family home, subject to the conditions in paragraph 40(2)(b) of the Act and in paragraph 35 of IT-120R6.
Reasons: In accordance with the legislation and prior positions.