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Spring 2018




$40M Land Financing – Church Street and Wellesley Street East, Toronto

Real Estate Group partner Leor Margulies, and law clerk Cindy Applegath, represented the Bank of Montreal on the land financing of a proposed hi-rise condominium development site located at 552-570 Church Street/64-66 Wellesley Street East, Toronto, involving an Alberta developer making its first entry into the GTA condominium market.


First Culturally Jewish Hospice in Canada

Congratulations to our friend and client Dr. Sandy Buchman, who was recently selected to be the nominee for president-elect of the Canadian Medical Association. Sandy has spent much of his career as a family physician, with a focus on providing home-based palliative care. He is a past president of the Ontario College of Family Physicians and the College of Family Physicians of Canada.

Tax & Estate Group partner Michael Gasch, along with associate Arin Klug recently assisted Sandy and his colleagues, Robert Kamen and Deborah Berlin, in connection with the establishment of Neshama Hospice and its registration as a Canadian charity. Neshama Hospice will be the first culturally Jewish hospice facility in Canada, but its doors will be open to persons of all faiths and backgrounds. The organization is in the midst of an $18 million capital campaign to raise funds towards the purchase of land and the construction of a 10-bed residential hospice and palliative care centre on the Bathurst Street corridor. It was recently announced that Neshama Hospice will receive up to $2 million of funding from the provincial government.




IRS Announces Closure of Voluntary Disclosure Program
by Arin Klug

In the June 2017 edition of Legal Pulse, we reviewed the proposed changes to the Canada Revenue Agency ("CRA") Voluntary Disclosure Program ("VDP"), a program which provides an avenue for taxpayers to voluntarily come forward to disclose previously unreported income. CRA proposed to limit both the availability of the VDP, as well as the scope of relief that would be offered to VDP applicants. The effect that these changes will have on the government's bottom line remains to be seen. On the one hand, more limited relief should result in greater government revenue on a "per application" basis; on the other hand, fewer numbers of taxpayers may now be willing to come forward voluntarily to disclose unreported income.

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Overview of Non-Disclosure Agreements in the Context of Private M&A Transactions
by Charlie Kim

A non-disclosure agreement ("NDA") is typically the first agreement entered into in an M&A transaction. The purpose of an NDA is to safeguard the sharing of confidential information in the consideration and negotiation of a proposed deal. NDAs are often unilateral for M&A transactions, with the sellers being the providers and the purchasers being the recipients of confidential information. Therefore, the parties' interests diverge when settling on a form of NDA.

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Builder Bites Newsletter - The Lawyer: City of Toronto amalgamates four groups into CreateTO
by Zale Skolnik

As a significant and influential landowner in the Toronto real estate landscape, the City of Toronto’s reorganization of the management agencies responsible for the city’s real estate assets is a move that comes with many questions. With an enormous and diverse real estate portfolio, developers are constantly working with the city to purchase, partner with and redevelop surplus lands, generally to create additional much-needed housing in the City of Toronto.

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Current and Emerging Issues in Fertility Law

On February 5th, 2018, Errol Tenenbaum, a partner in our Tax & Estate Planning Group, was a guest speaker at a Fertility Law conference held at Osgoode Professional Development. This program was a unique offering which provided in-depth and practical guidance by a multidisciplinary faculty of experts to effectively advise on the complexities of fertility law. Errol spoke on various tax-related issues in the fertility law area, including:

  • Eligible fertility expenses that can be claimed by a taxpayer
  • The treatment of surrogacy expenses
  • Medical and legal expenses
  • The difference between what can be claimed federally and provincially



12th Annual Purim Holiday Lunch & Learn

Our 12th Annual Purim Holiday Lunch & Learn was held on Friday February 23, 2018 and hosted by Darrell M. Gold, a partner in our Real Estate Group. Once again it was a HUGE success! Guests were treated to fine wine, lunch, hamentaschen and a presentation by our guest speaker Rabbi Ahron Hoch, Rabbi of the Village Shul and Learning Centre in Toronto. In the spirit of Purim, guests made donations to the Chabad Yeshiva of Toronto. (Purim commemorates the deliverance of the Jews in Persia (now Iran) 2,300 years ago from a death decree orchestrated by "Haman", the royal advisor to the Persian King, Xerxes I).

This year's event was held in the memories of Lou Orzech z'l, Moishe Appleby z'l and Harold Klug z'l. Please don't forget to mark Friday March 15, 2019 in your calendar with a "hold the date" for our 13th Annual event.

Click here to view pictures and the opening remarks from our Purim 2018 event including the many winners of our business card draw. ►




Interview with Heela Donsky Walker

How long have you been with Robins Appleby LLP?

6 months.

What characteristic do you think a person needs to have to be a successful Tax & Estate Group lawyer?

There is no specific formula. That said, in general, you’ve got to love learning and be genuinely interested in other people.

How do you spend your spare time?

Spare time?! Never heard of it. Jokes aside, time with family and friends is what I value most (and watching the Bachelor; nobody’s perfect).

When I walk into your office for the first time, looking around, what would your office tell me about you?

That I adore my toddler, and abhor a mess.


How is that different from your personal life?

It’s not. Thank g-d I have such a wonderful, enlightened husband who helps keep the house clean between visits from our cleaner. [Writer’s Note: I asked my husband to edit my responses and he added in the second sentence.]

What are you reading right now?

I just finished When Breath Becomes Air by Paul Kalanithi. I’m fascinated by mortality and the act of confronting death.

If you met yourself in the first year of law school, what advice would you give her?

Keep an open mind. Listen carefully to others. Cherish this special time; the memories and friends you make are sure to be what you value most when you look back on your own life.



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The comments contained in this newsletter provide general information only and should not be relied upon as legal advice. Further particulars on the matters summarized in this newsletter, their implications and suggested courses of action, can be obtained from Robins Appleby LLP using the contact information provided herein. This e-mail is being sent to you as a contact of our Firm.


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