Professor C. David Freedman

• The Law Society of Ontario
• The Advocates’ Society
• Society of Trust and Estate Practitioners (TEP)
• Canadian Tax Foundation

Recent and Forthcoming Publications include:

Forthcoming

• The Law of Civil Procedure: Cases, Materials & Commentary (Thomson Reuters)

Recent

• The Law Of Trusts: A Contextual Approach, 4th ed. (Emond Montgomery, 2019) (“Administration of Trusts” chapter)
• ‘Drafting and Attacking a Charging Clause in a Will’ (2017), 36 Estates, Trusts & Pensions Journal 160
• Oosterhoff on Wills and Succession, 8^th ed. (Thomson Reuters, 2016) [contributor and co-editor]
• The Law of Trusts, 3^rd ed. (Emond Montgomery, 2015)
• ‘Summary Judgment and the Law of Probate’ (2014), 34 Estates, Trusts & Pensions Journal 199
• ‘The ‘Opinion, Advice, and Direction’ of the Court: Principles, Procedures, and Judicial Blessings’ (2013), 32 Estates Trusts and Pensions Journal 422
• ‘Disputes Amongst Multiple Trustees: What Rights Does A Minority Estate Trustee Have Against An Oppressive Majority?’ (2012), 32 Estates Trusts and Pensions Journal 41
• ‘Misfeasance, Nonfeasance and the Self-Interested Attorney’ (2010), 48 Osgoode Hall Law Journal 457
• ‘Unjust Enrichment Claims Against the Estate Based on the Provision of Services to the Deceased’ (2009), 29 Estates, Trusts & Pensions Journal 59
• ‘The Presumption of Advancement Retreats, Rebuttal Evidence Expands, And Estate Litigation Lawyers Rejoice’ (2007), 27 Estates, Trusts & Pensions Journal 5 [winner of the Widdifield Prize]
• ‘Reassessing Gratuitous Transfers by Parents to Adult Children’ (2005), 25 Estates, Trusts & Pensions Journal 174.

Recent and Forthcoming Conference Presentations include:

Forthcoming

• OBA Institute 2020 (“Limitations and Will Contests”, “Beneficiary Designations as Testamentary Instruments”)
• B’nai Brith Canada, Estates & Trusts Group – Trusts and Estates Seminar 2020

2019

• “Cradle to Grave” (1.5 day educational seminar for the Judges of the Nfld. & Lab. Supreme Court)
• “Undue Influence and Financial Exploitation of Older Adults” (Advocis, Kingston)
• “The Good, The Bad and the Ugly – Estate Planning to Avoid Litigation” (Seniors Advisory Counsel, Kingston)

2018

• ‘The Court’s Rectification Power in Wills & Trusts’ (OBA, Toronto)

2017

• ‘Top Estate & Trusts Cases 2017’ and ‘The Court’s Rectification Power in Contracts, Trusts, and Wills: Is There a Difference?’ [Law Society of Upper Canada, 20^th Annual Estates and Trusts Summit]

 2016

• ‘Making and Attacking Charging Clauses’  [Law Society of Upper Canada, 19^th Annual Estates and Trusts Summit]

2015

• ‘Accessorial Liability for Breach of Trust and  Fiduciary Duty’  [Law Society of Upper Canada, 18^th Annual Estates and Trusts Summit]
• ‘Why Passing of Accounts Matter’ [Law Society of Upper Canada, 15 February 2014]

2014

• ‘Trends in the Application of the Limitations Rules in Trusts & Estates Litigation’ [Law Society of Upper Canada, 17^th Annual Estates and Trusts Summit] – Presented
• ‘Why Passing of Accounts Matter’ [Law Society of Upper Canada, 15 February 2014]
• Halton County Law Association– Estates and Family Law Seminar  [May 9, 2014]

2013

• ‘Variation of Trusts’ [Law Society of Upper Canada, 16^th Annual Estates and Trusts Summit]
• ‘Mediation of Estate Disputes’ [Estates Planning Council of Eastern Ontario,  25 Sept. 2013]
• ‘Care of the Frail Elderly: Navigating the Maze’ [Centre for Studies in Aging and Health, 5 June 2013]
• ‘Legal Issues Affecting Residents and Families of Residents in Long-Term Care’ [Reach Canada, Ottawa, 23 May 2013]
• ‘Civil Law Seminar: Persons and Property from Cradle to Grave (and Beyond)’ [National Judicial Institute, 14-15 May 2013]
• 2nd Annual East Region Estates and Trusts Seminar: (1) The Use of Insurance Trusts and other Family Trusts in Estates; (2) Review of Mutual and Mirror Wills; (3) Exculpatory Clauses [Perth/Lanark Law Association, 1 May 2013]
• ‘Civil Litigators Series – Wills and Estates’  [Law Society of Upper Canada, 22 Feb. 2013]

2012

• ‘The ‘Opinion, Advice, and Direction’ of the Court: Principles, Procedures, and Judicial Blessings’ [Law Society of Upper Canada, 15^th Annual Estates and Trusts Summit]
• ‘Mutual Wills’, and, ‘Lapse & Anti-Lapse’. Both at the County of Lanark Law Association East Region Estates and Trusts Seminar

2011

• ‘The Developing Law of Unjust Enrichment: Cohabitational Relationships’ [Frontenac Law Association, Estates & Trusts Section]
• ‘Addressing Oppressive Conduct by Jointly-Appointed Estate Trustees’ [Law Society of Upper Canada, Annual Estates and Trusts Summit, 14^th Annual Estates and Trusts Summit]
• ‘The Implications of Alberta v Elder Advocates of Alberta Society for Elder Law’ [41^st Annual Workshop on Commercial and Consumer Law, Faculty of Law, University of Toronto]

2010

• ‘Misfeasance, Nonfeasance, And The Self-Interested Attorney’ [Law Society of Upper Canada, Annual Estates and Trusts Summit, 13^th Annual Estates and Trusts Summit]
• ‘Elder Law’ [Elders Gathering, Mohawks of the Bay of Quinte]
• ‘The Fiduciary Principle at the Intersection of Private and Public Law’ [Estates & Trusts Section, OBA, Ottawa]
• ‘Elder Law and Elder Abuse’ [PEAN, Belleville]
• ‘Power of Attorney Issues’  [Estate Planning Council of Eastern Ontario]

• Neuberger Estate v. York, 2014 ONSC 6706 (Ont. S.C.J.)
• McDonald v McDonald, 2014 ONSC 6400 (Ont. S.C.J. per Herold J.) – under seal
• McDonald v McDonald, 2014 ONSC 6400 (Ont. S.C.J. per Baltman J.) – under seal
• Dagg v. Cameron Estate (2015), 125 O.R. (3d) 511 (Ont. S.C.J.)
• Spar Roofing & Metal Supplies Ltd. v. Glynn, 2015 ONSC 3619 (Ont. S.C.J.)
• Dagg v. Cameron Estate, 2015 ONSC 6134 (Ont. S.C.J.)
• Dagg v. Cameron Estate, 2016 ONSC 1892 (Ont. Div. Ct.)
• Spar Roofing & Metal Supplies Ltd. v. Glynn, 2016 ONCA 296 (Ont. C.A.)
• Woolnough v. Dare, 2016 ONSC 5051 (Ont. S.C.J.)
• Woolnough v. Dare, 2017 ONCA 274 (Ont. C.A.)
• Dagg v. Cameron Estate, 2017 ONCA 366 (Ont. C.A.)