This course considers foundational issues in the law of trusts such as the nature of a trust; formal requirements of trusts; constitution of trusts; secret trusts; trusts, powers and purposes; certainties; property-holding by unincorporated associations; charitable trusts and cy-près; resulting trusts; some aspects of trustees’ powers and duties; variation of trusts; the principles of constructive trusts; remedies, including some aspects of tracing; the intersection of trusts doctrine and the law of unjust enrichment. The course does not extend to tax treatment of trusts.
Assessment: 100% Open-book Final Examination.
Casebook: Oosterhoff on Trusts: Text, Commentary and Materials, 10th edition (2024). Unfortunately the book may be received late by the Bookstore.
Classes: Tuesdays & Thursdays, 8:30-10:00 a.m., Room 202
TOPICS, LECTURE SCHEDULE, & READING LIST
Page numbers referring to Oosterhoff on Trusts, 10th Edition will be added once the book is available.
September 3, 2024
Overview. No reading.
[you may wish to read the following as background after class:
Historical background: §1:2
Definitions: §1:4
Classification of Trusts: §1:5-§1:10 ]
September 5, 2024
I. INTRODUCTION AND THE TRUST AS AN INSTITUTION
The Fiduciary Principle: §3:3
Alberta v Elder Advocates of Alberta Society, 2011 SCC 24
Lecture Notes No. 1 – Introduction (I)
September 10, 2024
Trust and Agency: §2:2
Trust and Contract: §2:3
Trust and Debt: §2.4
Lecture Notes No. 2 – Introduction (II)
September 12, 2024
Trust and Bailment: §2.5
Estate Trusts: §2.6
Trusts and Conditional Gifts: §2.7
Trusts and Security Interests: §2.8
Lecture Notes No. 3 – Introduction (III)
September 17, 2024
II. POWERS OF APPOINTMENT
Powers: §3.6-3.8
September 19, 2024
III. FORMALITIES OF EXPRESS AND SECRET TRUSTS
Formalities: §4:39-4:44
Secret and Semi-Secret Trusts: §4:45, 12:9-12:15
Lecture Notes No. 5 – Formalities
September 24, 2024
IV. ‘THE THREE CERTAINTIES’
Introduction: §4:3
Certainty of Intention: §4:4-4:6
Certainty of Subject-Matter: §4:7-4:10
September 26, 2024
Certainty of Objects: §4:11-4:20
Constitution: §4:21-4:33
October 1, 2024
No Class
October 3, 2024
No class.
October 8, 2024
V. THE BENEFICIARY PRINCIPLE AND PURPOSE TRUSTS; GIFTS TO UNINCORPORATED ASSOCIATIONS
Trusts for Persons: __
Gifts To Unincorporated Associations: __
VARIATION OF TRUSTS
Variation of Trusts: __
October 10, 2024
CHARITABLE TRUSTS
The Advantages of Charity: __
Meaning of ‘Charity’: __
Public Benefit: __
The Heads of Charity: __
Public Appeals: __
Cy-Pres: __
RESULTING TRUSTS; QUISTCLOSE TRUSTS
The Resulting Trust: __
Failure of the Express Trust: __
Apparent Gifts: __
Quistclose Trusts: __
TRUSTEESHIP AND THE ADMINISTRATION OF TRUSTS
Trustee Act, R.S.O. 1990, c. T.23 (Really. Please read the statute.)
The Nature of the Court’s Jurisdiction: Carroll v. Toronto-Dominion Bank, 2021 ONCA 38 (Ont. C.A.)
Appointment: __
Retirement: __
Removal / Passing Over: __
Gonder v. Gonder Estate, 2010 ONCA 172
Powers/Duties of the Trustee: __
INTRODUCTION TO CONSTRUCTIVE TRUSTS GENERALLY AND UNJUST ENRICHMENT
Introduction and History: __
Nature of the Constructive Trust: __
Constructive Trusts and the Evolving Jurisdiction in Unjust Enrichment: __
Garland v. Consumers’ Gas Co., 2004 SCC 25
CONSTRUCTIVE TRUST AND EQUITABLE WRONGS
Breach of Confidence and Breach of Fiduciary Duty: __
TRUSTEE LIABILITY, CONSTRUCTIVE TRUSTS, AND REMEDIES FOR WRONGDOING
Liability and Remedies: __
TRUSTEE LIABILITY, CONSTRUCTIVE TRUSTS, AND REMEDIES FOR WRONGDOING
Defences: __
Exculpation: __
Third Parties: __ (knowing assistance), __ (knowing receipt)