Product Details
978-0-7798-6352-5
Book
Approximately 1500 pages
1 volume bound
hardcover
2014-07-29
Carswell

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Oosterhoff on Trusts: Text, Commentary and Materials, 8th Edition
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$333.00
Description
The eighth edition of this publication was prepared to incorporate the vast changes in the law of trusts since the previous edition. It is meant to provide 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. This edition has been updated to include the many new developments in the law of trusts since the last edition. In addition to updating the material, major changes in the organization of the text have been made:
  • Chapter 3, is now called "Trust Duties and Powers" (formerly titled "Trusts and Powers") and addresses the duty to account, the duty of care and fiduciary duty.
  • Unjust enrichment has been moved to chapter 10, Introduction to the Constructive Trust and Unjust Enrichment. The balance of chapter 11 has been split into three separate chapters being Chapter 11, Constructive Trusts and Wrongful Gains; Chapter 12, Constructive Trusts and Perfection of Intentions; and 18. Knowing Assistance and Receipt.
  • Former Chapters 13 and 14 have been divided into Chapter 14, Exercising Discretion; Chapter 15, Investment; and Chapter 16, Rights of Trustees. Chapter 16 now also contains material on the rights of trustees inter se that was previously in Chapter 15.
  • Chapter 15 has become two new chapters, Chapter 17, Liability of Trustees; and Chapter 19, Tracing and Recovery of Trust Assets.
Extensive use was also made of the Uniform Trustee Act, which was recently promulgated by the Uniform Law Conference of Canada, by contrasting and comparing it to existing provincial trustee statutes.
About the Author

Albert H. Oosterhoff, B.A., J.D. (Western), LL.M. (Toronto), is Professor Emeritus at the Faculty of Law, Western University, where he has held the positions of Associate Dean (Academic), Associate Dean (Administration), and Acting Dean. From 2005 to 2013, he was also an Adjunct Professor at the Faculty of Law, University of Toronto. 


Professor Oosterhoff has written numerous texts and articles, cited regularly by all levels of the Canadian courts and widely used in Canadian law schools, including: Oosterhoff on Wills and Succession: Text, Commentary and Materials, 7th Edition (Carswell); and as a co-author, Oosterhoff on Wills: 8th Edition (Carswell); Oosterhoff on Trusts: Text, Commentary and Materials, 8th Edition (Carswell); and Anger and Honsberger Law of Real Property, Second Edition (Canada Law Book).  He has also been the Editor-in-Chief of the Estates and Trusts Journal, and an Associate Editor of the Dominion Law Reports, of Canadian Criminal Cases, and of Ontario Reports. In addition, he has authored reports and studies for the Ontario Law Reform Commission and the Uniform Law Conference of Canada, and regularly presents papers in Continuing Legal Education programs.


As counsel to Whaley Estate Litigation, Professor Oosterhoff advises lawyers and law firms on issues in estates, wills, trusts and aspects of property law.

Robert Chambers is currently a Professor of Property Law at University College London. He holds a B.Ed and an LL.B. from the University of Alberta, and a D.Phil from Oxford University. He previously was a Senior Lecturer at the University of Melbourne, a Professor at the University of Alberta, and a Professor of Law at King’s College London, with visiting lectureships at Niigata University in Japan and the University of Auckland. His research focuses on property, restitution, trusts, and unjust enrichment. He is the author of Resulting Trusts (O.U.P., 1997), and An Introduction to Property Law in Australia (Lawbook Co., Sydney, 2008). He is co-editor (with Lionel Smith, Mitchell McInnes, Jason Neyers and Stephen Pitel) of The Law of Restitution in Canada: Cases, Notes, and Materials (Emond Montgomery Toronto, 2004). He is a member of the editorial boards for the Journal of Equity and Trusts Law International, and a regional editor for the Restitution Law Review. He is also the author of numerous book chapters and articles.

Mitchell McInnes is a Professor of Law at the University of Alberta. He previously taught at the University of Western Ontario, the University of Melbourne, and Deakin University; clerked at the Supreme Court of Canada; and served as a Legal Research Officer with the Alberta Court of Appeal.


Professor McInnes' research focuses on wills, trusts, unjust enrichment, tort, and remedies. He is the author of The Canadian Law of Unjust Enrichment and Restitution; and a co-author of Cases and Materials on the Law of Torts (Carswell); of Cases and Materials on the Law of Restitution; of Managing the Law: The Legal Aspects of Doing Business; of Oosterhoff on Trusts (Carswell); of Oosterhoff on Wills (Carswell); of Restitution: Developments in Unjust Enrichment (Lawbook Co.); and of Understanding Unjust Enrichment.


He has published over one hundred papers in leading journals and his work has been relied upon by all level of courts, including the Supreme Court of Canada, the United Kingdom Supreme Court, the High Court of Australia, and the New Zealand Supreme Court. He has received numerous teaching awards and he has been recognized by Macleans magazine as one of Canada's leading university teachers.