Faculty of Law

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Faculty of Law
Faculty of Law

David Freedman. Photo: Greg Black


David Freedman is an Associate Professor at Queen’s Law. He earned his LLB at Osgoode before obtaining postgraduate degrees (MA, PhD) at Oxford and Cambridge, respectively. Professor Freedman has taught trusts, wills and estates, estate litigation, civil procedure, and trial advocacy, subjects about which he has published extensively.

Professor Freedman maintains a practice out of Hull & Hull LLP in Toronto. He practices in the areas in which his teaching and scholarship are concentrated—trusts and estates litigation, and disputes respecting capacity; complementary academic and practice work strengthens his areas of expertise and helps keep him current.

Professor Freedman approaches teaching with a focus on foundational principles and skills so that students understand the content of the law and the manner in which it is applied in a real, contemporary context.

Research:

  • Estates law
  • Trusts and fiduciary law
  • Estates and trusts administration
  • Substitute decision-making
  • Elder law

Recent Accomplishments:

  • Associate Dean, Graduate Studies & Research, Queen’s Law
  • Past director, Elder Law Clinic
  • Certified Specialist in Estates & Trust Law, Law Society of Upper Canada.
  • Professional Memberships:
    • Law Society of Upper Canada
    • Society of Trust and Estate Practitioners
    • The Advocates Society
    • The Frontenac Law Association
  • Recreational blacksmith

Recent publications:

For a complete list of publications, please consult Professor Freedman’s website.

Books:

  • Oosterhoff on Wills and Succession, 8th edition (co-editor). Toronto: Carswell, 2017.

Chapters:

  • “Dependents’ Support” and “Substitute Decision-Making,” in Oosterhoff on Wills, 8th edition. Toronto: Carswell, 2017.
  • “Administration of Trusts,” in The Law of Trusts: A Contextual Approach, 3rd edition. Mark R. Gillen, Faye Woodman (eds.). Toronto: Emond-Montgomery, 2015.

Journals:

  • “Probate Contests And The New Law Of Summary Judgment” (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 41.
  •  “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,” (2011), 48 Osgoode Hall Law Journal 457

Presentations:

  • “Drafting and Attacking Charging Clauses in a Will,” Law Society of Upper Canada, Annual Estates and Trusts Summit, 2016.
  • “Accessorial Liability for Breach of Trust and Fiduciary Duty,” Law Society of Upper Canada, Annual Estates and Trusts Summit, 2015.
  • “Trends in the Application of the Limitations Rules in Trusts & Estates Litigation,” 17th Annual Estates and Trusts Summit, Law Society of Upper Canada, 2014.
  • “Why Passing of Accounts Matter,” Law Society of Upper Canada, 2014.
  • “Variation of Trusts,” 16th Annual Estates and Trusts Summit, Law Society of Upper Canada, 2013.
  • “Mediation of Estate Disputes,” Estates Planning Council, 2013.
  • “Care of the Frail Elderly: Navigating the Maze,” Centre for Studies in Aging and Health, 2013.
  • “Legal Issues Affecting Residents and Families of Residents in Long-Term Care,” Reach Canada, 2013.
  • “Civil Law Seminar: Persons and Property from Cradle to Grave (and Beyond),” National Judicial Institute, 2013.
  • 2nd Annual East Region Estates and Trusts Seminar (2013):
    • “The Use of Insurance Trusts and other Family Trusts in Estates”
    • “Review of Mutual and Mirror Wills”
    • “Exculpatory Clauses”
  • “Wills and Estates,” Civil Litigators Series, Law Society of Upper Canada, 2013.