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Trusts in Common-Law Canada, 3rd Edition

As the author of this text comments in the opening chapter, “trusts are found in an untold number of human endeavours.” Learn more about the essential principles of trust law in this comprehensive resource.
Publication Language: English
This Product is on PreOrder
ISBN/ISSN: 9780433497356

Product details

Now in its third edition, Trusts in Common-Law Canada introduces readers to the foundations of trust law in common-law Canada. This acclaimed academic work provides a comprehensive and up-to-date exposition and analysis of the legislation and case law that have shaped the Canadian trust landscape.

Insightful content
This book is organized logically and written in an accessible and easy-to-understand way: as a result, readers can intuitively grasp the concepts, doctrines and principles of trust law that might otherwise be difficult and complex to comprehend.

Trusts in Common-Law Canada, 3rd Edition has been significantly updated to reflect the current state of the law, with revisions specifically made to the sections devoted to the introduction and theory of trusts, creating an effective express trust and vesting the trust property, certainty of intention for a trust, and testamentary trust instruments and variations. In addition, this new edition features:

  • An explanation of the basic provisions of a trust transaction
  • A discussion of the four major attributes of trust law
  • A description of the concept of “equities” and “mere equities”

Perhaps most valuable are the teaching tools included in every section:

  • Learning objectives at the beginning of each chapter identify the concepts and information the reader can expect to learn
  • Learning outcomes at the end of each chapter summarize key learning points
  • Self-assessment questions at the end of each chapter allow readers to test their knowledge of the material

An indispensable resource
Written for both novices and veterans, Trusts in Common-Law Canada, 3rd Edition would be a handy reference for:

  • Law students who are studying trust law
  • Lawyers who are dealing with trusts as it is a useful, up-to-date guide for navigating issues that regularly arise in matters related to the law of trusts
  • Law firms, associations and libraries as it features content on the essential elements of a trust that would be beneficial for law students, new calls, lawyers and judges

Featured authors

Table of contents

Part I: Architecture and selected uses of the trust and its history
Chapter 1: Introduction to the architecture of the trust and its uses
Chapter 2: History – The birth of trusts in the cradle of equity

Part II: Express trusts
Chapter 3: Creating an effective express trust – The need to “vest” the trust property
Chapter 4: The three certainties: Intention, subject matter and objects
Chapter 5: Purpose trusts
Chapter 6: Formalities, perpetuities and revocation

Part III: Resulting trusts
Chapter 7: Resulting trusts

Part IV: Beneficiaries and trustees
Chapter 8: The beneficiary
Chapter 9: The appointment, retirement and removal of trustees
Chapter 10: Trustee powers, rights, duties and immunities and their control by beneficiaries and courts

Part V: Constructive trusts
Chapter 11: The constructive trust in fiduciary relationships and unjust enrichment

Part VI: Remedies
Chapter 12: Remedies for breach of trust