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
Lecture Notes No. 6 – ‘The Three Certainties’ (I)
September 26, 2024
Certainty of Objects: §4:11-4:20
Constitution: §4:21-4:33
Lecture Notes No. 7 – ‘The Three Certainties’ (II)
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: §8:9-8:10; 8:5-8:6
Gifts To Unincorporated Associations: §8:11
VARIATION OF TRUSTS
Variation of Trusts: §6:5, 6:7-6:13
Lecture Notes No. 8 – The Beneficiary Principle; Variation of Trusts
October 10, 2024
VI. 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. 9 – Charitable Trusts (I)
October 15, 2024
Cy-Pres: §7:15-7:18
Public Appeals: §8:8
Lecture Notes No. 10 – Charitable Trusts (II)
October 17, 2024
Problem Questions – to be distributed
October 22, 2024
VII. 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),
Lecture Notes No. 11 – Resulting Trusts
October 24, 2024
Apparent Gifts (cont’d): §9:15 (to page 674)
Quistclose Trusts: §8:7
October 29, 2024
VIII. 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
Lecture Notes No. 12 – Administration (I)
October 31, 2024
Powers/Duties of the Trustee: §14.2-14.4
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)
Fall Term Reading Week: No Classes on November 5 & 7, 2024
November 12, 2024
IX. 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 14, 2024
X. CONSTRUCTIVE TRUST AND EQUITABLE WRONGS
Breach of Confidence and Breach of Fiduciary Duty: §11:2-11:5, 11:6-11:14
November 19-21, 2024
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)
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,