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c david freedman

Professor C. David Freedman

Counsel

David Freedman LLB, MA, PhD, TEP is Counsel to our firm.

David is a graduate of Osgoode Hall Law School, Oxford University, and Cambridge University. In addition to his practice, he is also a tenured professor in the Faculty of Law at Queen’s University and the author of a number of publications on trusts law, Wills and estates, guardianship, and the law of civil procedure. David is also a certified as Specialist in Estates & Trust Law by the Law Society of Ontario. David has extensive experience in litigation at the trial and appeal levels and in arbitrations. He regularly appears as a speaker in educational events for lawyers, judges, and other professionals. He also founded Canada’s first student legal aid clinic in Elder Law at Queen’s University.

David brings an approach to resolving his clients’ legal issues that is rooted in a deep understanding of the law but is very pragmatic. He is happy to work with clients on simple and complex matters and within the confines of a client’s resources.

  • 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, 8th ed. (Thomson Reuters, 2016) [contributor and co-editor]
  • The Law of Trusts, 3rd 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, 20th Annual Estates and Trusts Summit]

 2016

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

2015

  • ‘Accessorial Liability for Breach of Trust and  Fiduciary Duty’  [Law Society of Upper Canada, 18th 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, 17th 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, 16th 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, 15th 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, 14th Annual Estates and Trusts Summit]
  • ‘The Implications of Alberta v Elder Advocates of Alberta Society for Elder Law’ [41st 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, 13th 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.) 
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