Exploring the Tax Implications of Settlement Proceeds Characterization (Archived Video Stream) 

Apr. 25, 2018
Toronto Online

OBA Alternative Dispute Resolution / Civil Litigation / Taxation Law PROGRAM | Original Program Date: April 25, 2018

How settlement proceeds are characterized can have significant tax implications, based on the nature of the payment in question and the type of tax that might apply. Recognizing the potential tax issues is vital to the successful negotiation of settlements, as it can have a considerable impact on your clients’ financial position as well as your professional duty as counsel. Join us to get a critical understanding of how the nature and characterization of settlement proceeds impacts tax outcomes, how to identify potential tax issues and when to seek professional tax advice. Our expert panel will share valuable insights on:

  • Understanding the surrogatum principle
  • The tax treatment of payments in lieu of notice, retirement allowances, stock options, general damages, punitive and aggravated damages, and legal fees
  • How GST/HST and excise taxes are treated in settlements
  • The tax consequences of lump sum payments versus structured settlements
  • The mediator’s involvement in structuring settlements


Megan Keenberg, Van Kralingen & Keenberg LLP


Hennadiy Kutsenko, Norton Rose Fulbright Canada LLP
Kathryn Podrebarac, Podrebarac Mediation
Andrea Sanche, Ricketts Harris LLP


For 1 to 3 Participants CBA Member: $50*
Non-Member: $80*
For 4 or more Participants CBA Member: $75*
Non-Member: $145*

*plus applicable taxes


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