Prof. Mitchell McInnes co-edits new editions of two widely used law reference books

A text on trusts and another on torts have been thoroughly updated

Communications Staff - 05 September 2019

Mitchell McInnes, a University of Alberta Faculty of Law professor who researches in the areas of unjust enrichment, tort law, contract law and trusts, has co-edited two new editions in the canon of Canadian law reference books.

Oosterhoff on Trusts, 9th Edition (Carswell 2019) provides a clear structure for understanding the basic law of trusts, while Cases and Materials on the Law of Torts 10th Edition (Carswell) is a highly regarded casebook that provides a detailed examination of every major area of Canadian tort law.

As Professor McInnes explains, the two books are somewhat unusual.

"Both works began as casebooks, but over time, they evolved into something more. Because the Canadian law of trusts is not well-served by the academic community - Waters on Trusts being the notable exception - Oosterhoff on Trusts is designed to supply students, lawyers, and judges with a comprehensive resource. It's effectively a casebook/textbook hybrid. The situation in torts is different - there are several excellent Canadian texts. Nevertheless, while not quite as extensive, it also contains a generous amount of supplementary material."

Oosterhoff on Trusts provides insight into the complexities of trust law. The material is designed to give students a framework for understanding and analyzing the cases and materials that will enable them to be self-directed in learning.

The 9th edition thoroughly revises all text and commentary and is updated with new case and statute law, including the new New Brunswick Trustees Act that is based on the Uniform Trustee Act of 2012.

It also includes material on Aboriginal settlement trusts, sham trusts, gratuitous transfer to trustee of pre-existing trust, resettlement of trust, administrative and cy-près schemes, public appeals (fundraising), rebutting presumptions in context of illegal purposes, personal liability of trustees, exculpatory clauses, and tracing into the payment of a debt.

Its co-editors are Albert H. Oosterhoff, a professor emeritus at the Faculty of Law at Western University, and Robert Chambers, a professor in the Faculty of Law at Thompson Rivers University.

Within Cases and Materials on the Law of Torts, every topic of Canadian tort law receives clear explanatory introductions, concise extracts of key judicial decisions and statutes, editorial discussions, detailed notes, questions and references to the literature, and review problems.

New material includes:

  • Recent Supreme Court of Canada decisions on negligent misrepresentation, reasonable foreseeability, and recovery for psychiatric harm.

  • New sections on the nature of damage in negligence, remoteness and losses beyond the scope of the risk.

  • Updated analysis of waivers and exclusion clauses, defamation cases decided pursuant to anti-SLAPP legislation, the conversion of cheques, cyber-bullying and the non-consensual recording and/or distribution of intimate images.

  • Updated discussion of the use of deadly force in defence of property; the use of drones in the context of privacy and trespass to airspace, the illegality defence, nuisance, conspiracy, the unlawful means tort, and Charter damages.

  • New review problems and updates notes that include many recent cases and articles

The book was co-edited by Robert Solomon, a Distinguished University Professor at Western University's Faculty of Law; Erika Chamberlain, professor and dean of the Faculty of Law at Western University; and Stephen G.A. Pitel, a professor at the Faculty of Law at Western University.