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).
Please note:
As of July 22nd, the Bookstore advises that they have “some” copies of the casebook that we will be using – Oosterhoff on Trusts, 10th Student Edition – but after they are gone, students must order directly from Carswell / Thomson Reuters. [Don’t get mad at me. I don’t understand it either.] I assume you can order off the web-site and I am advised that a 5% discount will be applied using code 4STUDENT05. Problems? The contact person at the publishers is Virender Singh, email: virender.singh@thomsonreuters.com.
Classes: Tuesday & Thursday, 11:30 am-1:00 pm. Lecture Hall 004 (Faculty of Law).
TOPICS, LECTURE SCHEDULE, & READING LIST
September 2, 2025
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 4, 2025
I. INTRODUCTION AND THE TRUST AS AN INSTITUTION
[For those that will be dealing with delays in obtaining the casebook: Readings for Topic I (kindly provided by the publisher)]
The Fiduciary Principle: §3:3
Alberta v Elder Advocates of Alberta Society, 2011 SCC 24
Paddy-Cannon v. Canada (Attorney General), 2025 ONCA 394 (Ont. C.A.)
Lecture Notes No. 1 (Introductory Concepts – Part I)
September 9, 2025
Trust and Agency: §2:2
Trust and Contract: §2:3
Trust and Debt: §2.4
Trust and Bailment: §2.5
Lecture Notes No. 2 (Introductory Concepts – Part II)
September 11, 2025
Estate Trusts: §2.6
Trusts and Conditional Gifts: §2.7
Trusts and Security Interests: §2.8
II. POWERS OF APPOINTMENT
Powers of Appointment: §3.6-3.8
Lecture Notes No. 3 (Introductory Concepts – Part III; Powers)
September 16, 2025
III. FORMALITIES OF EXPRESS AND SECRET TRUSTS
Formalities: §4:39-4:44
Allison v. Bent, 2025 ONCA 36 (Ont. C.A.)
2730453 Ontario Inc. v. 2380673 Ontario Inc., 2025 ONCA 112 (Ont. C.A.)
Secret and Semi-Secret Trusts: §4:45, 12:9-12:15
Lecture Notes No. 4 (Formalities)
September 18, 2025
IV. ‘THE THREE CERTAINTIES’
Introduction: §4:3
Certainty of Intention: §4:4-4:6
Lecture Notes No. 5 (The Express Trust)
September 23, 2025
No class.
September 25, 2025
Certainty of Subject-Matter: §4:7-4:10
Certainty of Objects: §4:11-4:20
Constitution: §4:21-4:33
September 30, 2025
No class due to National Day for Truth and Reconciliation (Uni event)
October 2, 2025
No class
October 7, 2025
V. THE BENEFICIARY PRINCIPLE AND PURPOSE TRUSTS; GIFTS TO UNINCORPORATED ASSOCIATIONS
Trusts for Persons: §8:9-8:10; 8:5-8:6
Gifts To Unincorporated Associations: §8:11
VI. VARIATION OF TRUSTS
Variation of Trusts: §6:5, 6:7-6:13
Lecture Notes No. 6 (Beneficiary Principle and Unincorporated Associations; Variation)
October 9, 2025
VII. CHARITABLE TRUSTS
The Advantages of Charity: §7:2
Meaning of ‘Charity’: §7:4-7:5
Public Benefit: §7:6
The Heads of Charity: §7:7-7:10
Lecture Notes No. 7 (Charitable Trusts I)
October 14, 2025
Cy-Pres: §7:15-7:18
Public Appeals: §8:8
Lecture Notes No. 8 (Charitable Trusts II)
October 16, 2025
Continue review of problem questions.
Lecture Notes No. 9 (Resulting Trusts (I)
October 21 & 23, 2025
VIII. RESULTING TRUSTS; QUISTCLOSE TRUSTS
The Resulting Trust: §9:1-9:3
Failure of the Express Trust: §9:5-9:6
Apparent Gifts: §9:9-9:11, 9:13-14 (to page 660),
Apparent Gifts (cont’d): §9:15 (to page 674)
Quistclose Trusts: §8:7
Lecture Notes No. 10 (Resulting Trusts)
October 28 & 30, 2025
Reading Week
November 4, 2025
Quistclose Trusts: §8:7 (please see Lecture Notes 10)
November 6, 2025
IX. 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: §13:2-13:7
Retirement: §13:8
Removal / Passing Over: §13:9-13:10
Gonder v. Gonder Estate, 2010 ONCA 172
Powers/Duties of the Trustee: §14.2-14.4
Lecture Notes No. 11 (Administration I)
November 11, 2025
Delegation: §14.5
Review of Exercise of Discretionary Powers: §14.12-14:15, 14:17
Investment: §15:2-15:4
Even Hand: §15:5
Compensation: §16:2-16:3 (to page 1049)
November 13 2025
X. INTRODUCTION TO CONSTRUCTIVE TRUSTS GENERALLY AND UNJUST ENRICHMENT
Introduction and History: §10:3
Constructive Trusts and the Evolving Jurisdiction in Unjust Enrichment: §10:4, §10:6 (pp. 710-720), 10:11
Garland v. Consumers’ Gas Co., 2004 SCC 25
November 18, 2025
XI. CONSTRUCTIVE TRUST AND EQUITABLE WRONGS
Breach of Confidence and Breach of Fiduciary Duty: §11:2-11:5, 11:6-11:14
November 20, 2025
XII. TRUSTEE LIABILITY, CONSTRUCTIVE TRUSTS, AND REMEDIES FOR WRONGDOING
Liability and Remedies: §17:1-17:2, 17:5 (pp. 1083-1098), 17:6 (to p.1108)
November 25 & 27, 2025
Defences: §17:8-17:10
Exculpation: §17:16-17:19
Third Parties: §18:4-18:7 (to p.1183), 18:8-18:12 (to p.1211), 18:13