Arthur Fish  


Executive Summary

Arthur Fish is a partner in the Tax group in the Toronto office of Borden Ladner Gervais LLP and the Manager of the Toronto Regional Family Wealth Counsel Practice.  Arthur's primary areas of practice are advising financial institutions on issues related to aging and vulnerable investors; advising commercial fiduciaries on issues of mental capacity and estate law; the creation and operation of commercial trusts; charities; and estate planning and administration.  He also has a growing mediation practice focused on estate, trust and guardianship disputes.  Arthur is a popular speaker and writer and is currently a member of the OSC's Seniors Expert Advisory Committee.

Representative Work

  • Arthur has overseen the development of BLG Toronto's full service Family Wealth Counsel Practice Group. The group includes lawyers who practice as planners and advisors; estate litigators; paralegals and numerous support staff. The group functions as a team, and provides comprehensive services to clients on all matters related to estate planning, administration and litigation, trusts, mental capacity and charities including related tax issues.
  • Arthur's primary areas of practice are advising commercial fiduciaries on issues of mental capacity and estate law; mental capacity and substitute decision making; the creation and operation of commercial trusts; charities and estate planning and administration. Arthur has a rapidly growing mediation practice which is focused on estate, trust and guardianship disputes.
  • Arthur has been involved in planning and administering a number of large estates for high net worth Canadian families. He recently assisted a family with very substantial assets in developing a structure that allowed the family to repair frayed relationships by adopting a structured approach to consultation and decision-making.
  • Arthur has recently assisted a number of families in completing the efficient administration of bankrupt estates.
  • Arthur has developed a patient and persistent approach to mediating complex disputes that has resulted in successfully resolving a number of very bitter, multi-party disputes.
  • Arthur recently assisted in establishing several charitable and not-for-profit structures that provided for overseas operations or the ownership and operation of related businesses.
  • Arthur recently assisted in developing effective strategies for updating or repairing commercial trusts – without any need for litigation - that were inadequate to meet contemporary needs.
  • Arthur has recently acted for individual and corporate donors who have made large bequests to charity, and for charities that are receiving such bequests.
  • Arthur frequently acts for people with disabilities, and for families with disabled relatives. He recently assisted a number of families in developing creative estate plans that protected assets without compromising individual independence.
  • Arthur frequently advises people on crises arising from a relatives mental illness, drug abuse or alcoholism.

Publications & Presentations

  • Book: 'When the Mind Fails: A Guide to Dealing with Incompetency' (Toronto: University of Toronto Press, 1994). Co-authored with Dr. Michel Silberfeld of the Mental Competency Clinic of the Baycrest Centre for Geriatric Care.
  • Book Chapter: "Guidelines on Consent to Psychotherapy," co-authored with Dr. M. Silberfeld in Standards and Guidelines for the Psychotherapies, (University of Toronto Press: 1998).
  • Book Chapter: (co-authored with Dr. Susan Lieff), 'Financial Competency, Contracts, and Property,' in Bloom and Bay, ed., A Practical Guide to Mental Health, Capacity and Consent Law of Ontario, (Carswell, 1996). Revised version currently in press.
  • Conference Paper (in press) Annals of the Law Society Special Lectures, 2010, “ Cognitive Neuroscience and the Solicitor's Approach to Mental Incapacity.”
  • Article “Melting the Iceberg: Estate Planning for the Parents of Disabled Children (forthcoming, Estates, Trusts and Pensions Journal).
  • Article: 'Making it Work: Practical Considerations in Drafting Continuing Powers of Attorney for Property,' 17 Estates, Trusts & Pensions Journal (1997( 249-277).
  • Article: 'The Use and Abuse of Powers of Attorney for Personal Care,' 17 Estates, Trusts & Pensions Journal (1997) 67-92.

Rankings & Recognitions

  • Recognized in the 2020 edition (and since 2016) of The Best Lawyers in Canada® (Trusts and Estates).
  • Recognized in the 2019 edition (and since 2012) of The Canadian Legal Lexpert® Directory (Estate & Personal Tax Planning).
  • Recognized in the 2018 edition (and since 2017) of Chambers High Net Worth (Private Wealth Law).
  • Recognized in the 2016 edition of the Chambers Canada — Canada's Leading Lawyers for Business (Private Client) (Band 2).