UNIVERSITY OF TORONTO FACULTY LAW of Trusts Larissa Katz FACULTY OF LAW UNIVERSITY OF TORONTO These materials are reproduced solely for the use of students in the Faculty of Law, University of Toronto >?r. Winter 2018 Storage KE 787 .K38 2018 c.1 BOM LASKIH LAW LIBflABY JAN 1 0 2018 FACULTY Or LAW UNIVERSITY ('F 7 LYOMTO Trusts Larissa Katz FACULTY OF LAW UNIVERSITY OF TORONTO These materials are reproduced solely for the use of students in the Faculty of Law, University of Toronto Winter 2018 Digitized by the Internet Archive in 2018 with funding from University of Toronto https://archive.org/details/trusts2018katz TABLE OF CONTENTS I. Introduction to Equity.1 D.W.M. Waters, “The Reception of Equity at the Supreme Court of Canada (1875-2000).1 II. Express Trusts.5 A. Certainty of Intention.5 Daniels v. Daniels Estate.5 Hayman v. Nicoll.10 B. Constitution.17 Milroy v. Lord.17 C. Protective Trusts.22 James Rossiter, “The Case for Protective Trusts: A Response to the Recommendations of the Ontario Law Reform Commission”.22 D. Revocation and Termination.24 Rose v. Rose.24 Re McCrossan.46 III. Resulting Trusts.49 Robert Chambers, “Resulting Trusts in Canada”.49 IV. Constructive Trusts.86 A. Nature of the Constructive Trust.66 Robert Chambers, “Constructive Trusts in Canada”.66 B. Unjust Enrichment and Restitution.73 Peter v. Beblow.73 Robert Chambers, “Constructive Trusts in Canada”.85 V. Fiduciary Obligations.88 Lionel Smith, “Fiduciary Relationships: Ensuring the Loyal Judgement on Behalf of Another”.88 D.W.M. Waters, “The Reception of Equity at the Supreme Court of Canada (1875-2000).111