Opinion
Budget 2019 – Poor wording requires 2 ex-spouses within 5 years for Home Buyers Plan
This is one of those rare times I hope I am wrong in my interpretation, and look forward to being proven wrong by my professional colleagues.
On March 19, 2019 the federal government tabled its election-year budget. One of the newest and strangest provisions is the ability for people going through a separation or divorce to potentially have access to their RRSP under the Home Buyers Plan.
Now in my article and podcast entitled: “Escape Room – The NEW Small Business Tax Game – Family Edition” with respect to the Tax On Split Income (TOSI) rules, I made a tongue in cheek argument that people will be better off if they split, because then the TOSI rules won’t apply.
In keeping with the divorce theme, beginning in the year of hindsight, 2020, the federal government is giving you an incentive to split up and get your own place.
However, there are a few hoops:
On page 402 of the budget, under new paragraph 146.01(2.1)(a), at the time of your RRSP withdrawal under the Home Buyers Plan, you must make sure that:
- – the home you are buying is not the current home you are living in and you are disposing of the interest in the current home within two years; or
- – you are buying out your former spouse in your current home; and
you need to:
- be living separate and apart from your spouse or common-law partner;
- have been living separate and apart for a period of at least 90 days (markdown October 3, 2019 on the calendar),
- began living separate and apart from your spouse or common-law partner, this year, or any time in the previous 4 years (ok, you don’t have to wait for October); and…
…here is where the tabled proposed legislation gets messy.
Proposed subparagraph 146.01(2.1)(a)(ii) refers to where the individual
- wouldn’t be entitled to the home buyers plan because of living with a previous spouse in the past 4 years that isn’t the current spouse they are separating from
“(ii) in the absence of this subsection, the individual would not have a regular eligible amount because of the application of paragraph (f) of that definition in respect of a spouse or common-law partner other than the spouse referred to in clauses (i)(A) to (C), and…”
The problem with the wording of this provision, is that it is written in the affirmative by the legislators using the word “and”. This means, you must be able to answer “true” to all the tests for the entire paragraph to apply.
The way I read this, the only way to answer “true” to this subparagraph is if you have a second spouse (ie: spouse other than the spouse referred to) that you shared a home with and you split from in the past four years.
If you have a second spouse that you shared a home with in the past four years, then “paragraph (f)” in the definition of “regular eligible amount” would apply and the answer would be “true”.
If the answer is “true” you can then get access to your RRSP Home Buyers Plan.
If you don’t have a second spouse then, even though “paragraph (f)” might be met, the phrase “spouse other than the spouse referred to” would not be met, and therefore the answer would be “false”.
This would, in turn, cause the entire logic test of the provision to be “false” and so you would not be able to take out a “regular eligible amount” from your RRSP for the Home Buyers plan because you do not meet the provisions.
If my interpretation is correct then I would really be curious as to what part of the economy they are trying to stimulate.
In my opinion the legislation could be fixed with a simple edit:
“(ii) in the absence of this subsection, the individual would not have a regular eligible amount because of the application of paragraph (f) of that definition in respect of:
(A) a spouse or common-law partner; or
(B) a spouse or common-law partner other than the spouse referred to in clauses (i)(A) to (C); and…”
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Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the President & Founder of CGL Strategic Business & Tax Advisors; you can find out more about Cory’s biography at http://www.CGLtax.ca/Litzenberger-Cory.html
Artificial Intelligence
Lawsuit Claims Google Secretly Used Gemini AI to Scan Private Gmail and Chat Data
By Ken Macon
Whether the claims are true or not, privacy in Google’s universe has long been less a right than a nostalgic illusion.
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When Google flipped a digital switch in October 2025, few users noticed anything unusual.
Gmail loaded as usual, Chat messages zipped across screens, and Meet calls continued without interruption.
Yet, according to a new class action lawsuit, something significant had changed beneath the surface.
We obtained a copy of the lawsuit for you here.
Plaintiffs claim that Google silently activated its artificial intelligence system, Gemini, across its communication platforms, turning private conversations into raw material for machine analysis.
The lawsuit, filed by Thomas Thele and Melo Porter, describes a scenario that reads like a breach of trust.
It accuses Google of enabling Gemini to “access and exploit the entire recorded history of its users’ private communications, including literally every email and attachment sent and received.”
The filing argues that the company’s conduct “violates its users’ reasonable expectations of privacy.”
Until early October, Gemini’s data processing was supposedly available only to those who opted in.
Then, the plaintiffs claim, Google “turned it on for everyone by default,” allowing the system to mine the contents of emails, attachments, and conversations across Gmail, Chat, and Meet.
The complaint points to a particular line in Google’s settings, “When you turn this setting on, you agree,” as misleading, since the feature “had already been switched on.”
This, according to the filing, represents a deliberate misdirection designed to create the illusion of consent where none existed.
There is a certain irony woven through the outrage. For all the noise about privacy, most users long ago accepted the quiet trade that powers Google’s empire.
They search, share, and store their digital lives inside Google’s ecosystem, knowing the company thrives on data.
The lawsuit may sound shocking, but for many, it simply exposes what has been implicit all along: if you live in Google’s world, privacy has already been priced into the convenience.
Thele warns that Gemini’s access could expose “financial information and records, employment information and records, religious affiliations and activities, political affiliations and activities, medical care and records, the identities of his family, friends, and other contacts, social habits and activities, eating habits, shopping habits, exercise habits, [and] the extent to which he is involved in the activities of his children.”
In other words, the system’s reach, if the allegations prove true, could extend into nearly every aspect of a user’s personal life.
The plaintiffs argue that Gemini’s analytical capabilities allow Google to “cross-reference and conduct unlimited analysis toward unmerited, improper, and monetizable insights” about users’ private relationships and behaviors.
The complaint brands the company’s actions as “deceptive and unethical,” claiming Google “surreptitiously turned on this AI tracking ‘feature’ without informing or obtaining the consent of Plaintiffs and Class Members.” Such conduct, it says, is “highly offensive” and “defies social norms.”
The case invokes a formidable set of statutes, including the California Invasion of Privacy Act, the California Computer Data Access and Fraud Act, the Stored Communications Act, and California’s constitutional right to privacy.
Google is yet to comment on the filing.
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Crime
‘Modern-Day Escobar’: U.S. Says Former Canadian Olympian Ran Cocaine Pipeline with Cartel Protection and a Corrupt Toronto Lawyer
Ryan Wedding, believed to be hiding in Mexico, is on the FBI’s Ten Most Wanted Fugitives list. The State Department reward is up to $15 million for information leading to his arrest.
The U.S. government has unsealed fresh criminal charges and sweeping financial sanctions against former Canadian Olympic snowboarder Ryan James Wedding, alleging that he orchestrated the importation of up to 60 metric tonnes of cocaine a year into the United States and Canada, relied on a Toronto lawyer who, according to the U.S. Treasury, “has also helped Wedding with bribery and murder,” and, while under the protection of a former Mexican law-enforcement officer with ties to senior Mexican police officials, ordered dozens of sophisticated assassinations across Canada, Latin America and the United States — including the execution of a federal witness in Colombia, according to U.S. government filings.
According to Attorney General Pam Bondi, “Wedding controls one of the most prolific and violent drug trafficking organizations in this world,” working “closely with the Sinaloa Cartel, a foreign terrorist organization, to flood not only American but also Canadian communities with cocaine.” Bondi said Wedding’s organization is responsible for moving multi-ton quantities of cocaine each year through Mexico into Los Angeles, before the drugs are shipped onward to Canadian and U.S. cities in long-haul semi-trucks.
As reported by The Bureau, these trucks and routes are controlled by Indo-Canadian crime networks. The U.S. government says that a Toronto lawyer, Deepak Balwant Paradkar, “introduced Wedding to the drug traffickers that have been moving Wedding’s cocaine and has also helped Wedding with bribery and murder.”
FBI Director Kash Patel likened Wedding to a “modern-day iteration” of Pablo Escobar and Joaquin “El Chapo” Guzmán and said Wedding is responsible for “engineering a narco-trafficking and narco-terrorism program that we have not seen in a long time.”
The Justice Department and FBI say Wedding, who competed for Canada at the 2002 Winter Olympics in Salt Lake City, now heads a billion-dollar-a-year narcotics enterprise that engages in cocaine trafficking, contract killings and intimidation across the United States, Canada and Latin America. Another target named along with Wedding is a former Italian special-forces soldier who helps the network with training, according to the U.S. government.
Wedding is believed to be hiding in Mexico and remains on the FBI’s Ten Most Wanted Fugitives list, with the State Department increasing its reward to up to $15 million for information leading to his arrest.
Prosecutors say the new indictment centres on the January 31, 2025, murder of a federal witness in Medellín, Colombia. According to U.S. Attorney Bill Essayli of the Central District of California, Wedding “placed a bounty on the victim’s head in the erroneous belief that the victim’s death would result in the dismissal of criminal charges against him and his international drug trafficking ring and would further ensure that he was not extradited to the United States.” The victim was shot five times in the head while dining at a restaurant in Medellín and died instantly, Essayli said.
Justice Department filings and officials at today’s Washington news conference allege that Wedding and his associates used a fake gangland “news” site, The Dirty News, as part of the plot. The indictment states that co-accused Gursewak Singh Bal, a Mississauga man described as co-founder and co-operator of The Dirty News, agreed — “in exchange for payment” — not to post negative material about Wedding and instead published a photograph of the cooperating witness so that he “could be hunted down and killed.” Essayli said the site was seized pursuant to a federal warrant and is no longer online.
Ten defendants were arrested Tuesday in Colombia, Florida, Québec and Ontario. In a parallel move, the U.S. Treasury Department’s Office of Foreign Assets Control announced sanctions against Wedding and nine individuals plus nine entities, effectively cutting them off from the American financial system.
Treasury describes Wedding as “an extremely violent criminal believed to be responsible for the murder of numerous people abroad, including U.S. citizens,” who “continues to direct drug trafficking, murder, and other serious criminal activities” from Mexico while on the run. The sanctions designation outlines a trans-Atlantic laundering system that moves proceeds through cryptocurrency, high-end cars and motorcycles, and front companies on three continents.
Among those named by Treasury:
Edgar Aaron Vázquez Alvarado, a former Mexican law-enforcement officer known as “the General,” who allegedly uses sources within Mexican police agencies to locate targets for Wedding and owns fuel-sector companies in Mexico;
Miryam Andrea Castillo Moreno, Wedding’s wife, accused of laundering his drug proceeds and assisting in acts of violence;
Carmen Yelinet Valoyes Florez, a Colombian running a high-end prostitution ring in Mexico who allegedly assisted with the murder of a federal witness;
Daniela Alejandra Acuña Macias, a Colombian national described as Wedding’s girlfriend, accused of collecting hundreds of thousands of dollars from him and helping obtain intelligence on rivals;
Deepak Balwant Paradkar, the Canadian attorney who Treasury says provided “illegal services” beyond a normal lawyer-client relationship, including introducing Wedding to key traffickers, helping with bribery and murder, and allowing Wedding to eavesdrop on privileged calls with other clients he allegedly wanted to kill;
Rolan Sokolovski, a Toronto jeweler who Treasury alleges laundered millions through his “Diamond Tsar” business and cryptocurrency transfers; and
Gianluca Tiepolo, an Italian former special-forces member who allegedly helped Wedding park his money in exotic vehicles and ran tactical training camps for hitmen.
According to Treasury, Paradkar “introduced Wedding to the drug traffickers that have been moving Wedding’s cocaine and has also helped Wedding with bribery and murder,” in exchange for luxury watches and additional fees. Vázquez and his Mexico-based fuel firms, Sokolovski’s jewelry company, and a series of Italian and U.K. vehicle and motorcycle dealers tied to Tiepolo have all been designated under Executive Order 14059 as part of Wedding’s laundering apparatus.
At the Washington news conference, Royal Canadian Mounted Police Commissioner Mike Duheme emphasized the role of cross-border cooperation, saying: “International cooperation, such as our involvement in Operation Giant Slalom, is vital to our ability to stay ahead of organized crime.”
But that message of seamless cooperation contrasts with what senior U.S. law-enforcement officials were saying privately months ago.
As The Bureau previously reported, a senior U.S. source insisted there has been a troubling lack of RCMP collaboration in probing Wedding’s networks. Not only did the RCMP allegedly stonewall Drug Enforcement Administration requests six years ago to crack down on Canadian trucking routes tied to Wedding’s shipments through the United States, the source said, but there was also a lack of cooperation in targeting his violent cells inside Canada — where associates, competitors, and even an innocent Indo-Canadian family in Caledon, Ontario, mistakenly linked to a trucker from Wedding’s network, were brutally executed.
“We tried to work with RCMP on Wedding too, and they said, ‘No,’” a source aware of probes from three separate U.S. agencies said. “And it’s like — he’s killing Canadian citizens. He’s killed God knows how many. And you still don’t want to cooperate because of whatever grievance. But the RCMP threw up roadblocks. You’ve got to get past those things because Canadians are dying.”
More to come on this breaking story.
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