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| Section | Weight | Objectives |
|---|---|---|
| Topic 1: Investment and Tax Planning | 10% | - Tax Planning Strategies
|
| Topic 2: Savings Planning and Debt Management | 10% | - Debt Planning and Mortgages
|
| Topic 3: Insurance Planning | 10% | - Life Insurance
|
| Topic 4: Financial Planning for Small Business | 15% | - Business Law and Agency Relationships
|
| Topic 5: Financial Planning Practice | 10% | - The Personal Financial Planning Process in Canada
|
| Topic 6: Estate Planning | 10% | - Estate Distribution and Tax Planning
|
| Topic 7: Family Law | 15% | - Fundamental Aspects of Family Law
|
| Topic 8: Retirement Planning | 20% | - Registered Pension and Retirement Income Plans
|
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NEW QUESTION # 39
Which statement describes the doctrine of non est factum as it applies to contracts?
Answer: A
Explanation:
The doctrine of non est factum, literally meaning "it is not my deed," may provide relief where a person signs a document while fundamentally mistaken about the nature or legal character of the document being executed.
Accordingly, option B captures the essential contractual principle.
The doctrine is narrower than ordinary mistake or misrepresentation. It is not enough that a party misunderstood a particular contractual term, underestimated the financial consequences, or later regretted signing. The error must concern the document's essential nature or effect. Canadian jurisprudence also imposes an important diligence requirement: a person who carelessly signs a document without taking reasonable steps to understand it may be prevented from relying on non est factum, particularly where an innocent third party relied on the signed instrument. The Supreme Court of Canada applied this principle in Marvco Colour Research Ltd. v. Harris.
Option A describes misrepresentation. Option D describes common mistake, where both parties share a fundamental erroneous assumption. Option C may involve mistake concerning the existence of subject matter or impossibility, not non est factum.
FPII reference/topic: Financial Planning Practice - contract law; validity and enforceability of contracts; mistake; misrepresentation; non est factum.
NEW QUESTION # 40
How long does an executor have to make a spousal Registered Retirement Savings Plan contribution on behalf of a deceased person?
Answer: C
Explanation:
A deceased person's legal representative cannot make a contribution to the deceased individual's own RRSP after death. However, a special rule permits the legal representative to contribute to a surviving spouse's or common-law partner's RRSP using the deceased person's available RRSP deduction room.
CRA confirms that this contribution may be made during the calendar year of death or within the first 60 days after the end of that year. The qualifying amount may then be deducted on the deceased individual's final income tax return, subject to the deceased person's available RRSP deduction limit.
For example, if an individual dies in July and has unused RRSP room, the executor does not have only 60 days from July. The relevant deadline extends through the year of death and into the first 60 days of the following calendar year.
Option A therefore applies the 60-day period from the wrong starting point. Option B ends the contribution period too early, while option D substitutes an arbitrary six-month period that is not the RRSP rule.
The strategy can be valuable because it creates a final deduction while simultaneously increasing tax-deferred retirement savings for the surviving spouse.
FPII reference/topic: Retirement Planning - RRSPs at death; spousal RRSP contributions; executor planning; final tax return.
NEW QUESTION # 41
Joshua and Marie are siblings who inherited an apartment building from their parents, which they now own jointly. They share the net profits equally, but they do not have a signed agreement. What ruling will the courts apply with respect to the existence of a partnership?
Answer: D
Explanation:
The strongest indicator in this scenario is that Joshua and Marie share the net profits, making option B the appropriate answer.
A partnership does not require a formal written partnership agreement. Canadian partnership analysis focuses on whether the parties are carrying on a business in common with a view to profit. CRA guidance, drawing on Supreme Court of Canada partnership jurisprudence, confirms that documentary evidence is relevant but the surrounding facts and actual conduct of the parties can establish the relationship.
Mere co-ownership of an asset does not automatically create a partnership. Two individuals can jointly own real estate without conducting business as partners. The important distinction is whether their activities demonstrate a common profit-making business. CRA guidance specifically distinguishes simple co-ownership from partnership and notes that sharing profits is a material partnership factor, whereas simply receiving each co-owner's portion of gross returns does not necessarily create one.
Their family relationship and non-arm's-length status also do not prevent a partnership from existing.
Accordingly, the combination of joint operation and equal sharing of net profits supports the partnership characterization.
FPII reference/topic: Financial Planning for Small Business - partnerships; creation of partnerships; co- ownership versus partnership; profit sharing.
NEW QUESTION # 42
William and Sage entered into a contract for Sage to purchase a building from William in three months' time, but the building had a fire and burned down after two months. What defense would best support the termination of this contractual relationship?
Answer: B
Explanation:
The appropriate contractual doctrine is frustration. Frustration arises where, after a valid contract has been formed and without fault attributable to the party relying on the doctrine, an unforeseen event fundamentally changes the nature of the contractual obligation or makes performance impossible.
The agreement contemplated Sage purchasing a particular building three months later. The destruction of that building by fire before completion eliminates the specific subject matter necessary for the contemplated transaction. Assuming neither party caused the destruction and the contract does not allocate the relevant risk differently, performance in the originally contemplated form has become impossible.
Canadian contract law recognizes frustration as a distinct basis on which contractual obligations may be discharged when subsequent circumstances make the original contractual undertaking impossible or fundamentally different. Supreme Court materials likewise recognize frustration as a doctrine applicable where an agreement becomes impossible to perform in its original form.
There has been no performance, so option C is incorrect. A breach requires failure by a party to perform an enforceable obligation; the facts instead involve destruction by an intervening event. "Operation of law" is too general and does not identify the specific doctrine.
FPII reference/topic: Financial Planning Practice - contract law; discharge of contracts; impossibility of performance; doctrine of frustration.
NEW QUESTION # 43
What is outside the statutory requirements of a domestic contract between parties?
Answer: B
Explanation:
Independent legal advice is highly advisable when parties enter into a domestic contract, but it is not itself one of the statutory formal execution requirements for a valid domestic contract under Ontario's Family Law Act.
Section 55 of the Act provides that a domestic contract is unenforceable unless it is in writing, signed by the parties, and witnessed. Independent legal advice significantly strengthens the reliability and enforceability of an agreement because it helps demonstrate that each party understood the rights being surrendered and entered the agreement voluntarily. Its absence, however, does not automatically mean that the statutory form requirement has not been met.
Financial disclosure has a different legal significance. Under the statutory framework, failure to disclose significant assets, debts, or liabilities existing when the contract was made may provide grounds for the court to set aside the agreement. Consequently, complete and accurate disclosure is a critical component of defensible domestic-contract planning.
For financial planners, the practical distinction is important: planners should not provide legal advice on drafting the contract, and clients should normally be referred to separate family-law counsel even though independent legal advice is not technically one of the execution formalities.
FPII reference/topic: Family Law - domestic contracts; marriage and cohabitation agreements; disclosure; independent legal advice; enforceability.
NEW QUESTION # 44
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