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Trusts in Common-Law Canada, 4th Edition

Written for both novices and veterans, this book introduces readers to the foundations of trust law and provides an up-to-date exposition and analysis of the legislation and case law that have shaped the Canadian trust landscape.

**The CEI Student E-Book version is to be purchased by academia only**

Langue de publication: English

Publié: 23 décembre 2024

Éditeur: LexisNexis Canada

Format du produit Détails Qté
Livre
185,00 $
En inventaire ISBN: 9780433525073
Softcover | 616 pages

 

Written for both novices and veterans, Trusts in Common-Law Canada, 4th Edition introduces readers to the foundations of trust law and provides an up-to-date exposition and analysis of the legislation and case law that have shaped the Canadian trust landscape.

The book is prepared logically and written in an accessible and easy-to-understand way: as a result, readers can intuitively grasp complex concepts, doctrines and principles. Perhaps most valuable are the teaching tools included in every section:

  • Learning objectives at the beginning of each chapter identify the concepts and information the reader can expect to learn
  • Learning outcomes at the end of each chapter summarize key learning points
  • Self-assessment questions at the end of each chapter allow readers to test their knowledge of the material

What’s New in the 4th Edition

  • Up-to-date key legislative changes and case law since the previous edition published in 2019
  • Expanded description of the conceptualized constructive trust as a recent contribution of Canadian courts
  • Unique explanation of the doctrinal dynamics of the trust, as seen through the lens of the common law and equity courts, respectively
  • Balanced consideration of the role of trusts and examples of use in commercial, social and cultural undertakings, including polyamorous relationships
  • Adaptations by provinces of the Uniform Trustee Act
  • Attention to the selection, presentation and discussion of cases that contain differentiated, standard clauses in trust settlements
  • An improved, informed account of vested and contingent equitable future interests and their place in trust law, including the role of the rule against perpetuities in various provinces
  • Improvements in detailing the significance of tax considerations in explaining the use of the Canadian trust
  • A brief, comprehensive account of the development of the trust, and their causes, in an easy-to-understand, interesting format

Who Should Read This Book

  • Lawyers who are dealing with trusts as it is a useful, up-to-date guide for navigating issues that regularly arise in matters related to the law of trusts
  • Law firms, associations and libraries as it features content on the essential elements of a trust that would be beneficial for articling students, new calls, lawyers and judges
  • Law professors and law students as it repeats fundamental doctrines and draws connections between complex legal concepts

PREFACE

PART I − ARCHITECTURE AND SELECTED USES OF THE TRUST AND ITS HISTORY
CHAPTER 1: INTRODUCTION TO THE ARCHITECTURE OF THE TRUST AND ITS USES
CHAPTER 2: HISTORY—THE BIRTH OF TRUSTS IN THE CRADLE OF EQUITY 

PART II − EXPRESS TRUSTS
CHAPTER 3: ESTABLISHING AN EFFECTIVE EXPRESS TRUST—THE NEED TO “VEST” TITLE OF THE TRUST PROPERTY IN THE TRUSTEE
CHAPTER 4: THE THREE CERTAINTIES: INTENTION, SUBJECT MATTER AND OBJECTS
CHAPTER 5: PURPOSE TRUSTS
CHAPTER 6: FORMALITIES, EQUITABLE FUTURE INTERESTS, PERPETUITIES AND REVOCATION

PART III − RESULTING TRUSTS
CHAPTER 7: RESULTING TRUSTS

PART IV − BENEFICIARIES AND TRUSTEES

CHAPTER 8: THE BENEFICIARY
CHAPTER 9: THE APPOINTMENT, RETIREMENT AND REMOVAL OF TRUSTEES
CHAPTER 10: TRUSTEE POWERS, RIGHTS, DUTIES AND IMMUNITIES AND THEIR CONTROL BY BENEFICIARIES AND COURTS

PART V − CONSTRUCTIVE TRUSTS
CHAPTER 11: THE CONSTRUCTIVE TRUST IN FIDUCIARY RELATIONSHIPS AND UNJUST ENRICHMENT

PART VI − REMEDIES
CHAPTER 12: REMEDIES FOR BREACH OF TRUST

TABLE OF CASES
TABLE OF STATUTES
TABLE OF CONCORDANCE
INDEX

AUTEURS À LA UNE