Kaye v. Fogler Rubinoff – Ontario Superior Court of Justice stays a negligence action against a law firm pending disposition of the related tax appeal

An estate sued its law firm in negligence after CRA assessed it over $9 million on the basis that the method used to transfer shares to a charitable foundation did not generate a donation credit.

In granting the motion of the defendant law firm for a stay of the negligence action pending the disposition of the tax appeal, Josefo, M. stated:

[T]he ultimate decision of the Tax Court on the propriety of the method or structure for transferring shares recommended by the law firm and lawyer to the Estate will, in my view, very much influence if not be determinative of much if not all of this within negligence action.

Neal Armstrong. Summary of Kaye et al. v. Fogler Rubinoff LLP et al., 2019 ONSC 1289 under Courts of Justice Act (Ontario), s. 106.