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The seventh edition of this publication was prepared to incorporate the vast changes in the law of trusts since the previous edition. It is meant to provide students, practitioners and teachers of the subject with a clear structure for understanding the basic law of trusts, while providing insight into the complexities of trust law. The textual material is designed to give students a framework for understanding and analyzing the cases and materials that will enable them to be self-directed in learning.
This edition has been updated to include the many new developments in the law of trusts since the last edition. Highlights of the seventh edition include:
Analysis of recent case law regarding resulting trusts
Pecore v. Pecore
; and alteration or termination of trusts – Re S. (N.) (Trustees of);
A revised consideration of charitable trusts, including new material on charitable fundraising and administrative versus cy-près schemes;
Extensive rewriting and revision of the chapters on Creation of Express Trusts and Constructive Trusts to clarify and update materials, including addition of new notes and case law;
Addition of new material regarding the powers and rights of trustees;
Significant developments regarding breach of trust, including insights from Privy Council Case,
Campbell v. Hogg
and discussion on tracing among non-wrongful contributors;
Comprehensive references to legislation in all the common law provinces and territories wherever statutory materials are reproduced.
About the Author(s)
Albert H. Oosterhoff
, LL.B. 1964 (UWO), B.A. (UWO) 1968, LL.M. (Toronto) 1970, is a professor emeritus at the Faculty of Law, The University of Western Ontario and has served as Associate Dean (Student Affairs), Associate Dean (Administration), Associate Dean (Academic), and Acting Dean. He was called to the Ontario Bar in 1966. His teaching and research interests are concentrated in the law of Property, Trusts, and Wills, and he has published widely in those areas in books and law review articles. He has served an associate editor of the Dominion Law Reports, the Canadian Criminal Cases, and the Ontario Reports, and as editor-in-chief of the Estates and Trusts Journal. He is the author of Oosterhoff on Trusts: Text, Commentary and Materials, 6th Edition (2004), also published by Carswell.
is currently a Professor of Property Law at University College London. He holds a B.Ed and an LL.B. from the University of Alberta, and a D.Phil from Oxford University. He previously was a Senior Lecturer at the University of Melbourne, a Professor at the University of Alberta, and a Professor of Law at King’s College London, with visiting lectureships at Niigata University in Japan and the University of Auckland. His research focuses on property, restitution, trusts, and unjust enrichment. He is the author of Resulting Trusts (O.U.P., 1997), and An Introduction to Property Law in Australia (Lawbook Co., Sydney, 2008). He is co-editor (with Lionel Smith, Mitchell McInnes, Jason Neyers and Stephen Pitel) of The Law of Restitution in Canada: Cases, Notes, and Materials (Emond Montgomery Toronto, 2004). He is a member of the editorial boards for the Journal of Equity and Trusts Law International, and a regional editor for the Restitution Law Review. He is also the author of numerous book chapters and articles.
currently is a Professor of Law at the University of Alberta. He previously taught at the University of Western Ontario, the University of Melbourne and Deakin University, clerked with Justice Major at the Supreme Court of Canada and served as a Legal Research Officer with the Alberta Court of Appeal. Professor McInnes' research focuses on tort, restitution, remedies and unjust enrichment. He is the author of
Restitution: Developments in Unjust Enrichment
and co-author of
Managing the Law: The Legal Aspects of Doing Business
Understanding Unjust Enrichment; Cases and Materials on the Law of Restitution
Text , Commentary and Cases on Trusts
(6th ed.). He has published over one hundred papers in leading journals and his work has been relied upon by all level of courts, including the Supreme Court of Canada and the High Court of Australia. He has received numerous teaching awards and he has been recognized by
magazine as one of Canada's leading university teachers.
, B. Sc., LL.B., LL.M., D. Phil., LL.B. (civil law) is James McGill Professor of Law and Director of the Paul-André Crépeau Centre for Private and Comparative Law at McGill University. In addition to the law of trusts, his research interests include unjust enrichment, comparative law, and company and commercial law. He is a member of the International Academy of Comparative Law, the American Law Institute, the European Law Institute, the International Academy of Estate and Trust Law and the Bar of Alberta.
Studies on the Quebec Law of Trust
Canadian Tax Research: A Practical Guide, 5th Edition
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