Oosterhoff on Trusts 10th Edition

Oosterhoff on Trusts, 10th Edition provides a clear understanding of the basic law of trusts and provides insight into the complexities of trust law.

This new edition of a seminal treatise on the law of trusts was prepared to incorporate the vast changes in the law of trusts since the 9th edition published in 2019. The 10th edition provides 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.

What’s New in the 10th Edition?

The updated commentary and analysis in the fully revised 10th edition includes thorough treatments of important new decisions, including the following Supreme Court of Canada, Alberta Court of Appeal, and the Supreme Court of the United Kingdom – decisions all issued since the 9th edition was published:

Southwind v. Canada 2021 SCC 28: calculation of equitable compensation for Crown’s breach of fiduciary duty owed to First Nation

• Valard Construction Ltd. v. Bird Construction Co. 2018 SCC 8: trustee’s duty to inform beneficiaries of the existence of the trust
• Atlantic Lottery Corp. Inc. v. Babstock SCC 2020 19: the distinction between restitution for unjust enrichment and disgorgement of wrongful gains
• Moore v. Sweet 2018 SCC 52: test for imposition of constructive trusts to provide proprietary restitution of unjust enrichments
• Canada (Attorney General) v. Collins Family Trust 2022 SCC 26: use of rescission to retroactively change trustee decisions causing unintended tax consequences for the trust
• Chevron Canada Resources v Canada (AG) 2022 ABCA 108 and Equity Trust (Jersey) Ltd. v. Halabi 2022 UKPC 36: discussion of trustee’s right to indemnification
• Lehtimäki v. Cooper 2020 UKSC 33: status of charity directors and charity members as fiduciaries and trustees

Every chapter has been reviewed, revised, and thoroughly updated with the development of important new commentary, including the following significant updates:

• Chapter 4 – THE CREATION OF EXPRESS TRUSTS: discussion of the nature of intention — objective or subjective — required for creation of express trusts
• Chapter 4: THE CREATION OF EXPRESS TRUSTS: substantially revised discussion of sham trusts and referential trusts
• Chapter 12: CONSTRUCTIVE TRUSTS AND THE PERFECTION OF INTENTIONS: revised and substantially extended discussion of the nature of constructive trusts arising from secret trusts and oral trusts of land
• Chapter 18: KNOWING ASSISTANCE AND RECEIPT - new discussion of rules governing attribution of knowledge to corporations for purposes of knowing assistance