Brian Cohen Partner Co-Leader, National Private Client Services Group


Speaks:  English

Year of Call: 1999 - Ontario

Primary phone: +1 416-862-5715

Fax: +1 416-862-7661

Email: brian.cohen@gowlingwlg.com

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Primary office:  Toronto




Brian Cohen

Brian Cohen is a partner and lawyer in Gowling WLG's global Private Client Services Group. He is also co-leader of the firm's National Private Client Services Group. Based in Toronto, he assists clients in the areas of estate planning, trusts and personal taxation, with a focus on advising high net worth individuals on succession planning alternatives. 

Brian also advises donors, charitable organizations, public and private foundations, and not-for-profit organizations regarding the tax implications of formation, registration, governance and planned giving strategies.

In addition, Brian frequently advises clients on estate litigation matters.

Brian is a past recipient of the Ontario Bar Association's Hoffstein Book Prize in Trusts and Estates. He is listed as a leading lawyer in Chambers Canada, Chambers HNW, Best Lawyers in Canada, Acritas Stars, Private Client Global Elite and the Canadian Legal Lexpert Directory.

Brian is a highly involved community member, regularly speaking at Canadian and international conferences. He currently serves as Deputy Chair of the Society of Trust and Estate Practitioners Canada, and has been a director of STEP Canada since 2015. Additionally, Brian has been a Committee member of the Professional Advisory Committee (PAC) of the Jewish Foundation of Toronto since 2013.

Career & Recognition

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Memberships

  • International Fellow - The American College of Trust and Estate Counsel (ACTEC)
  • Canadian Bar Association
  • Canadian Tax Foundation
  • Estate Planning Council of Toronto
  • Ontario Bar Association
  • S.T.E.P. - Society of Trust and Estate Practitioners

Media Mentions & Publications

Past Speaking Engagements

  • Faculty, Intensive Skills Workshop: Will Drafting Program, Osgoode Hall Law School - Professional Development CLE, December 2017
  • Presenter "Estate Planning Update - 2016" CALU Associate Meeting, October 2016
  • Presenter "Effective Use of Inter-Vivos Trusts", OBA CLE, September 2016
  • Co-chair of the Society of Trust and Estate Practitioners 2016 National Conference - attended by over 700 practitioners
  • Faculty, Intensive Wills and Estates Workshop, Osgoode Hall Law School - Professional Development CLE, October 2015
  • Co-chair of the Society of Trust and Estate Practitioners 2015 National Conference - attended by over 650 practitioners
  • Moderator and Presenter, "Dealing with the new GRE Life Interest Trust Reality" STEP National Conference, June 2015
  • Presenter, "You've Just Been Named Executor: Now What, STEP by STEP?" STEP Student Session, June 2015
  • Presenter "Investing, Estate Planning and Probate - Considering your options; beware of letting the tail wag the dog" Jewish Foundation - PAC Educational Seminar, June 2015
  • Faculty, Intensive Wills and Estates Workshop, Osgoode Hall Law School - Professional Development CLE, October 2014
  • Presenter, "Death of a Taxpayer: Will & Estate Planning in Light of the 2014 Budget Changes", Ontario Tax Conference, October 2014
  • Presenter, "Trusts: the more things change the more they stay the same", CPA National Conference on Income Taxes, October 2014
  • Presenter, "A Practical Guide to Tax Considerations for Succession Planning - Trusts in Estate Freezes.", Federated Press, May 29, 2014
  • Presenter, "Taxation of Savings Vehicles on Death", LSUC Six Minute Estate Lawyer, April 2014
  • Presenter, "Recent Developments and Complex Issues in Property and Equalization - Income Tax and Trust Issues and Concerns", Osgoode CLE, April 2014
  • Faculty, Intensive Wills and Estates Workshop, Osgoode Hall Law School - Professional Development CLE, October 2013
  • Presenter, "Executor compensation an overview", Thunder Bay Law Association 2013 Fall Conference, October 2013
  • Moderator, "Uniform Trustee Act for Canada: A Proposal for Ontario" - Society of Trust and Estate Practitioners, September 2013
  • Presenter, "Fiduciary Issues and Tax Planning in a Lower Interest Environment", UJA Professional Advisor's Breakfast Seminar: Investment and Estate Planning in the New Economy, June 2013
  • Presenter, "Income Tax and Trust Issues and Concerns", Osgoode CLE Recent Developments and Complex Issues in Property and Equalization, June 2013
  • Presenter, "The Use of Estate Freezes in Succession Planning", Tax Succession Planning for the Owner-Manager, Federated Press, May 2013
  • Presenter, "Trustee Compensation, Special Fees, and the Role of the Lawyer for the Estate Trustee", Six-Minute Estate Lawyer, Law Society of Upper Canada, April 2013
  • Presenter, "The Annotated Alter Ego Trust and Discretionary Trust", LSUC, March 2013
  • Moderator, "Estate Planning Issues Related to Divorce and Blended Families", Society of Trust and Estate Planning Seminar, November 2012
  • Presenter, "Trusts in Estate Freezes", A Practical Guide to Tax Considerations for Succession Planning, Ontario Bar Association, October 2012
  • Faculty, Intensive Wills and Estates Workshop, Osgoode Hall Law School - Professional Development CLE, September 2012
  • Panel Member, "Location, Location, Location Provincial Legislative Changes," National Conference, Society of Trust and Estate Planners, June 2012
  • "The Uses of Estate Freezes in Succession Planning", Tax Succession Planning for the Owner Manager, Federated Press, February 2012
  • "Estates, Trusts, Bequests and Endowments An Overview of Factors for Donees and Donors to Consider", UJA Federation's 3rd Annual Charity Law Seminar, January 2012
  • Presenter, "Tax Effective Succession Planning for the Owner-Manager", Uses of Estate Freezes in Succession Planning, Federated Press, February 2012

Representative Work

  • Confidential client: Advising with respect to drafting multiple testamentary instruments to provide for an efficient distribution after death of assets held in multiple jurisdictions to beneficiaries living throughout the world.
  • Confidential client: Advising with respect to reorganizing family holdings to minimize exposure to tax.
  • Confidential client: Acting as counsel to Estate Trustees of Testamentary Trusts involving the variation of the terms of the trust, including obtaining consent of beneficiaries and court application for the purpose of providing for an early termination of the trust and estate.
  • Confidential client: Acting as counsel to foreign entity in negotiations with Canada Revenue Agency for the successful repatriation of funds to the foreign entity on a tax efficient basis.
  • Confidential client: Advising Trustees and Estate Trustees on the administration of large Estates and Trusts.
  • Confidential client: Advising with respect to proposing and implementing plans to reorganize assets, successfully transfer wealth to next generation and to minimize income tax payable at death.
  • Confidential client: Acting as family law counsel in dealing with a contentious divorce involving multiple trust entities holding the family assets.
  • Confidential client: Acting as estate litigation counsel in complex estate and trust litigation, most recently as counsel to the children's Lawyer in Re Kaptyn Estate.
  • Confidential client: Acting as counsel to Estate Trustees for passing of Accounts and compensation issues, most recently in Re John Frederick Mitchell Estate.
  • Confidential client: Acting as counsel to directors and trustees of charitable private or public foundations.
  • Confidential client: Acting for various individuals and religious entities to establish and register private charitable foundations.