The Law of Trusts: A Contextual Approach, 4th Edition
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The Law of Trusts: A Contextual Approach, 4th Edition

Mark R. Gillen, Faye Woodman, Jeffrey B. Berryman, David Freedman, Philip Girard, Matthew P. Harrington, Darcy MacPherson, Kent McNeil, Mary Jane Mossman, Jim Phillips, Donn Short
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The Law of Trusts: A Contextual Approach, 4th Edition provides a comprehensive overview of trust law and related concepts in a broad context, which considers practical, social, environmental, and policy aspects. Divided into seven parts, this text explores the wide application of trusts and Canadian jurisprudence, as well as other key subjects: the express trust, trusts arising from the operation of law, trust remedies, modern uses of trusts, fiduciary relationships, and the trust in Quebec.

This edition reflects an up-to-date survey of the Canadian law of trusts—including revised chapters as well as new content—and the modern contexts in which trusts may be employed.

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  • ISBN/ISSN: 978-1-77255-649-0
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ISBN
978-1-77255-649-0
Page Count
838
Publisher
Emond Publishing
Publication Date
March 2021
Status
Available
Subjects
Wills, Estates, and Trusts
Tags
Law School Canadian Law NCA

  • Examples of the wide range of situations in which trusts may be used or in which courts may draw on trust concepts
  • Significant modifications to the chapter on the express trust, which has been reorganized to be more user-friendly
  • New discussions on fiduciary relationships
  • Updated content and cases on the use of the constructive trust as a remedy for unjust enrichment
  • Coverage of the use of trusts in environmental and family law, as well as in commercial contexts

Preface
Table of Cases

PART I – INTRODUCTION
1. An Introduction to Trusts
2. Introduction to the Taxation of Trusts and Beneficiaries
3. History and Development of Equity

PART II – THE EXPRESS TRUST
4. The Express Trust
5. Purpose Trusts
6. Administration of Trusts
7. A Comparison of Trusts to Other Legal Relationships

PART III – TRUSTS ARISING FROM THE OPERATION OF LAW
8. Resulting Trusts
9. The Constructive Trust

PART IV – REMEDIES
10. Remedies

PART V – MODERN USES OF THE TRUST
11. An Introduction to Trusts and the Environment
12. Trusts in Corporate and Commercial Law
13. Equity, Equality, and “Family” Relationships
14. The Trust in Succession Planning

PART VI – FIDUCIARY OBLIGATIONS
15. Fiduciary Relationships
16. Fiduciary Obligations and Indigenous Peoples

PART VII TRUSTS IN QUEBEC
17. Trusts in Québec

Chapter 9: The Constructive Trust

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