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ISBN: 9781552213728

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Law of Trusts, 3/e

In recent years, trust law has continued to expand its influence at a rapid pace, particularly in the area of pension trusts, where it plays a key role in resolving conflicts over the administration, creation, termination, and revocation of pension funds. The flexible nature of trusts results in its continued development, especially in the areas of resulting and constructive trusts. This new edition offers substantially revised chapters on both types of trust, as well as many more caselaw references. Chapter 6 explores the various situations in which a resulting trust can arise, examines the important role of intention in finding a resulting trust, and analyzes recent pronouncements by the Supreme Court on the presumptions of resulting trust and advancement. Chapter 7 offers an updated discussion of the constructive trust, which courts increasingly employ as a tool for remedying unjust enrichment in cohabitation cases.

Eileen E Gillese

Eileen E. Gillese, BA, BCL (Oxon) is a justice of the Court of Appeal for Ontario, a position that she has held since 2002. She served as a judge of the Superior Court of Justice from January 1999 until her elevation to the Court of Appeal. Prior to her appointment to the Bench, Justice Gillese served as professor and Dean of the Faculty of Law at the University of Western Ontario, where she taught Trusts, Property, Wills, Administrative Law, Pension Law, and Legal Research and Writing.

Chapter Title Abstract Contributors Pages Year Price

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More case law has been added to provide a starting point for research. 2 $0.20

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Discusses the concept and history of trusts, contrasts trusts with other legal relationships, and refers to equity and the civil law. 18 $1.80

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Introduces the concept of powers generally, and specifically discusses powers of appointment. 15 $1.50

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Capacity; certainties of intention, subject matter and objects; constitution of trusts; formalities; limitations on creating trusts; residence of trusts. 20 $2.00

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Charitable and non-charitable purpose trusts; unincorporated associations. 21 $2.10

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Termination by revocation, distribution or setting aside; the rule in Saunders v Vautier; alteration through the instrument, at common law, and under statute; variation by consent or court approval. 24 $2.40

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Automatic and presumed resulting trusts; failure of an express trust; purchase in or transfer into the name of another; presumption of advancement. 16 $1.60

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Discusses the nature of constructive trusts, causes of action and remedies. 22 $2.20

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Maintaining continuous administration of trusts between the appointment of trustees and their retirement or removal. 7 $0.70

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Powers and duties of trustees; delegation of duties; investment of funds; duties to act impartially, to account, and to provide information. 14 $1.40

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Administrative and dispositive powers; rights of trustees to payment and reimbursement or indemnification. 10 $1.00

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Civil and criminal liability; beneficiaries’ remedies; defences to breach. 15 $1.50

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Trusts generally, and the powers and rights of trustees in the pension trust context specifically, will continue to be a growing area of law. 2 $0.20