This new 5th edition is both comprehensive and up-to-date. The book examines the history and contemporary state of the law of trusts in every jurisdiction of Canada, including the nature of trusts under common law and civil law, and some international jurisdictions such as the Commonwealth jurisdictions and the United States where Canadian trust law is increasingly sought. You will gain insight into the creation and administration of express trusts; trust termination; conflict of laws, including the Hague Convention on the Recognition of Trusts; the variety of uses to which the trust is applied; and the law concerning remedial trusts (for example, resulting and constructive trusts), especially in matrimonial law.
The principal changes in this edition are the reorganization of the materials on the constructive trust, and a new discussion concerning the duties of the fiduciary not to be in a conflict of interest and duty situation with the beneficiary of the relationship, and not to profit in carrying out the fiduciary task. The decision of the Supreme Court of Canada in 2016 in Canada (Attorney General) v. Fairmount Hotels has clarified and developed the law as to the rectifications of trusts by the courts, which subject merits a section of its own in this edition. The Supreme Court's decision in Valant Construction Ltd. v. Bird Construction Co. in 2018 is also discussed, concerning the obligation of the trustee to notify the contingent beneficiary of the existence of the trust. As to statutes, the New Brunswick Trustees Act of 2015 adopting a large part of the long-awaited Uniform Trustee Act, is the singular legislative change.
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