Cross-border issues: Israel and Canada

By: Chuck Wagner


Ontario lawyers are increasingly establishing strategic alliances with Israeli attorneys to better serve their clients. Why? There are lots of reasons. Enforcement of Israeli court orders in Ontario, increased trade between the countries requiring cooperation between corporate and tax counsel, and families with members in both jurisdictions requiring cooperation in family law and estate disputes ...

...When Canadian and Israeli estate and tax issues are explained to executors the reaction is usually the same – Gevalt!

The above is a fictional scenario. While my office only litigates, over the last several years I have been consulted by people like Stella’s children because of my experience in wills and trusts and my network of Israeli attorneys and Canadian lawyers whose practices deal with these issues. These lawyers are often called upon to address problems that arise when individuals did not take into account the different tax ramifications of multiple residences, beneficiaries and executors in different jurisdictions.

One such lawyer who has assisted me on occasion is Gilead Sher.

He is the senior partner of Gilead Sher & Co. Law Offices. He is a household name in Israel and regardless of where you sit on the Israeli political spectrum he is regarded as a patriot. You may recognize him as the former chief of staff to former Prime Minister Ehud Barak or for his role as chief peace negotiator for Israel during the Camp David Summit in 2001 and the Taba talks in 2001. On the last file I dealt with Gilead’s tax partner, Yehuda Mulaem, and my Canadian Tax Counsel Leigh Somerville Taylor. Together we successfully saved our client a lot of money and aggravation because both Leigh and Yehuda knew the law in their respective jurisdictions and were experienced in crossorder issues.

So what’s the bottom line? What should Stella have done? I can attest that it’s better to retain the competent professionals in the first place and thereby avoid these issues later on.

This short review of the law should not be taken as legal advice. Based on my experience in dealing with these cases, they often turn on he specific facts. If you have a legal question relating to something similar, you are best advised to seek out competent legal counsel to determine your best course of action.


Charles B. Wagner is certified by the Law Society of Upper Canada as a specialist in Estates & Trusts Law. He is a partner at Wagner Sidlofsky LLP. This Toronto office is a boutique litigation law firm whose practice is focused on estate, commercial and tax litigation. 


For the full article, as published in The Jewish Tribune - Click here