Happy Birthday to our favourite Professor – Albert H. Oosterhoff from the WEL Partners team!

This special WEL Partners blog is released in honour of Professor Albert H. Oosterhoff. We invite our readers to join us in celebrating Albert’s birthday! As many of you may know, Professor Oosterhoff has contributed so richly to the legal profession in all that he has done and continues to do. Our Professor has taught on Property, Wills, and Trusts for most of his academic career. He has also taught courses in Real Estate Transactions, Legal Research, Writing, and Advocacy.

We thought it would be fitting to highlight many of Professor Oosterhoff’s accomplishments and recognitions throughout his career.

In 2020, Professor Oosterhoff was included in the 15^th edition of The Best Lawyers in Canada for his work in Trusts and Estates and has been recognized every year since. He is the 2021 recipient of the Ramon John Hnatyshyn Award for Law. In 2019, Professor Oosterhoff received a Distinguished Service Award from the Ontario Bar Association and an Award for Excellence in Trusts and Estates Law from the OBA’s Trusts and Estates Section. He was also named an Honorary Member by the Society of Trust and Estate Practitioners (STEP) in 2019. He is Lexpert ranked as one of the Leading 500 Lawyer’s in Canada in the area of Trusts and Estates.

Having taught at the University of Windsor, Western University, and the University of Toronto, Professor Oosterhoff has been educating law students and the legal community at large since 1969.[1] He has devoted years of his life’s work to the creation of foundational and seminal texts and journal articles which have become significantly valuable in the study of Trusts, Estates, and Wills in Canada.[2] This growing volume of work includes:

• Oosterhoff Blogs on Estates & Trusts – Volume 1, e-book published 2021 on Kindle Amazon Kindle;
• Oosterhoff on Wills, 9th ed. (Toronto: Thomson Reuters/Carswell, 2021). (Albert H. Oosterhoff; co-authors: David Freedman, Mitchell McInnes, Adam Parachin). Pp. i-cxxxviii, 1-1089. (Previous editions 1980, 1985, 1990, 1995, 2001, 2007, 2011, 2016 (by A.H. Oosterhoff)). Also republished in electronic format on CD-Rom in Estates Partner, Carswell, 2001, 2007, 2011, 2016. Also accessible on Thomson Reuters ProView.
• Oosterhoff on Trusts, 9th ed. (Toronto: Thomson Reuters/Carswell, 2019). (Albert H. Oosterhoff; co-authors: Robert Chambers and Mitchell McInnes). Pp. i-cliii, 1224. (Previous editions 1980, 1983, 1987 (by A.H. Oosterhoff); 1992, 1998 (with E.E. Gillese); 2004, 2009 (with Robert Chambers, Mitchell McInnes, and Lionel Smith); 2014ff (with Robert Chambers and Mitchell McInnes). Also accessible on Thomson Reuters ProView.
• Anger and Honsberger, Law of Real Property, 2nd ed. (Aurora: Canada Law Book Inc., 1985). (Co-author: W.B. Rayner). Vol. 1, pp. cccvi, 896; vol. 2, pp. xxiv, 897-2099.
• Losing Ground: The Erosion of Property Rights in Ontario, Ontario Real Estate Association, 2nd ed., 1980, (Co-author: W.B. Rayner). Pp. xix, 123.
• Succession Law Reform in Ontario: A Section by Section Commentary on the Succession Law Reform Act, 1977 (Toronto: Canada Law Book Limited, 1979). Pp. xii, 125.

Having served as an Associate Editor of the Dominion Law reports, the Canadian Criminal Cases and the Ontario Reports for many years, Professor Oosterhoff is no stranger to court decisions. Through his academic work, he has been referenced in a substantial number of judgments across Canada, including decisions of the Supreme Court of Canada[3] (“SCC”) and the Ontario Court of Appeal (“ONCA”).[4] “Decisions alone include at least 12 of Supreme Court of Canada, 36 of the Court of Appeal for Ontario, over 100 of the Ontario Superior Court of Justice, and hundreds more from other jurisdictions throughout the country.”

These court decisions relying on Professor Oosterhoff demonstrate the integrity and excellence of his works. Our courts rely on Albert’s writings to inform the law and its development, with authority.

Despite working on a 10^th update of Oosterhoff on Trusts, he always finds the time to have a friendly chat or a frank discussion about the law. He is always the first to ring in a new season or New Year with a bright, optimistic outlook. When given the opportunity, he is also the first person to greet you with the warmest of smiles and a comforting conversation. We really do love this wonderful man. We feel so grateful for his wisdom and words. In addition to all else, and all things Albert, Albert is also a dedicated Dad!

Please join us all in wishing Professor Oosterhoff a very Happy Birthday today!

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[1] Professor Oosterhoff has also held positions as Associate and Acting Dean at Western University.

[2] As a law student who studied Trusts, Estates, and Wills I can certainly attest to the value of these texts, some of which, I use every day to help inform my practice. This birthday blog chiefly authored by Brett Book with a bit of love from Kim.

[3] See Canada (Attorney General) v. Collins Family Trust, 2022 SCC 26; Southwind v. Canada, 2021 SCC 28; Canada (Attorney General) v. British Columbia Investment Management Corp., 2019 SCC 63 (CanLII), [2019] 4 SCR 559; S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4 (CanLII), [2019] 1 SCR 99; Valard Construction Ltd v Bird Construction Co, 2018 SCC 8; Rascal Trucking Ltd v Nishi, 2013 SCC 33; Bank of Montreal v i Trade Finance Inc, 2011 SCC 26; Kerr v Baranow, 2011 SCC 10; Pecore v Pecore, 2007 SCC 17; Doucet-Boudreau v Nova Scotia (Department of Education), 2003 SCC 62; Blueberry River Indian Band v Canada (Department of Indian Affairs & Northern Development), 1995 CarswellNat 1278, 1995 CarswellNat 1279, [1995] 4 S.C.R. 344, [1995] S.C.J. No. 99, [1996] 2 C.N.L.R. 25, 102 F.T.R. 160 (note), 130 D.L.R. (4th) 193, 190 N.R. 89, 59 A.C.W.S. (3d) 156, J.E. 96-46; Goodman Estate v Geffen, 1991 CarswellAlta 557, 1991 CarswellAlta 91, [1991] 2 S.C.R. 353, [1991] 5 W.W.R. 389, [1991] A.W.L.D. 608, [1991] S.C.J. No. 53, 125 A.R. 81, 127 N.R. 241, 14 W.A.C. 81, 27 A.C.W.S. (3d) 930, 42 E.T.R. 97, 80 Alta. L.R. (2d) 293, 81 D.L.R. (4th) 211, J.E. 91-1059, EYB 1991-85679; Rawluk v Rawluk, 1990 CarswellOnt 217, 1990 CarswellOnt 987, [1990] 1 S.C.R. 70, [1990] W.D.F.L. 269, [1990] S.C.J. No. 4, 103 N.R. 321, 19 A.C.W.S. (3d) 260, 23 R.F.L. (3d) 337, 36 E.T.R. 1, 38 O.A.C. 81, 65 D.L.R. (4th) 161, 71 O.R. (2d) 480, J.E. 90-299, EYB 1990-67516

[4] See Gefen Estate v Gefen, 2022 ONCA 174; Ross v Canada Trust Company, 2021 ONCA 161; Friends of Toronto Public Cemeteries Inc v Public Guardian and Trustee, 2020 ONCA 282; Caja Paraguaya de Jubilaciones y Pensiones del Personal de Itaipu Binacional v Garcia, 2020 ONCA 412; Rubner v Bistricer, 2019 ONCA 733; V Hazelton Limited v Perfect Smile Dental Inc, 2019 ONCA 423; The Guarantee Company of North America v Royal Bank of Canada, 2019 ONCA 9; Nodel v Stewart Title Guaranty Company, 2018 ONCA 341; English v Perras, 2018 ONCA 649; Dagg v Cameron Estate, 2017 ONCA 366; Moore v Sweet, 2017 ONCA 182; Pankerichan v Djokic, 2014 ONCA 709; Cowderoy v Sorkos Estate, 2014 ONCA 618; Schwartz v Schwartz, 2012 ONCA 239; Kaminskas v Storm, 2009 ONCA 318; Frye v Frye Estate, 2008 ONCA 606; Whitefish Lake Band of Indians v Canada (Attorney General), 2007 ONCA 744; Elias Markets Ltd., Re, 2006 CarswellOnt 5597, [2006] O.J. No. 3689, 10 P.P.S.A.C. (3d); Woods Estate v Woods, 2005 CarswellOnt 5947, [2005] O.J. No. 4678, 143 A.C.W.S. (3d) 402, 203 O.A.C. 266, 20 E.T.R. (3d) 150, 260 D.L.R. (4th) 341

255, 151 A.C.W.S. (3d) 294, 216 O.A.C. 49, 25 C.B.R. (5th) 50, 274 D.L.R. (4th) 166, 47 R.P.R. (4th) 32; Pecore v Pecore, 2005 CarswellOnt 4043, [2005] W.D.F.L. 3943, [2005] W.D.F.L. 3987, [2005] O.J. No. 3712, 142 A.C.W.S. (3d) 182, 17 R.F.L. (6th) 261, 19 E.T.R. (3d) 162, 202 O.A.C. 169; Amherst Crane Rentals Ltd. v Perring, 2004 CarswellOnt 2471, [2004] 5 C.T.C. 5, [2004] O.J. No. 2558, 11 E.T.R. (3d) 112, 131 A.C.W.S. (3d) 984, 187 O.A.C. 336, 2004 D.T.C. 6584, 241 D.L.R. (4th) 176, 41 C.C.P.B. 1, 50 C.B.R. (4th) 1; Thomann v Armgardt Estate, 2003 CarswellOnt 899, [2003] O.J. No. 982, 121 A.C.W.S. (3d) 584, 170 O.A.C. 11, 225 D.L.R. (4th) 671; Amberwood Investments Ltd. v Durham Condominium Corp. No. 123, 2002 CarswellOnt 850, [2002] O.J. No. 1023, 112 A.C.W.S. (3d) 789, 157 O.A.C. 135, 211 D.L.R. (4th) 1, 50 R.P.R. (3d) 1, 58 O.R. (3d) 481; Banton v CIBC Trust Corp., 2001 CarswellOnt 828, [2001] O.J. No. 1023, 104 A.C.W.S. (3d) 238, 142 O.A.C. 389, 197 D.L.R. (4th) 212, 38 E.T.R. (2d) 167, 53 O.R. (3d) 567; Henry v Henry, 1999 CarswellOnt 3468, [1999] O.J. No. 4089, 126 O.A.C. 372, 30 E.T.R. (2d) 89, 91 O.T.C. 160, 92 A.C.W.S. (3d) 172; Hamilton v Hamilton, 1996 CarswellOnt 2421, [1996] W.D.F.L. 2492, [1996] O.J. No. 2634, 64 A.C.W.S. (3d) 828, 92 O.A.C. 103; Caruana v Duca Community Credit Union Ltd., 1994 CarswellOnt 744, [1994] O.J. No. 2592, 119 D.L.R. (4th) 393, 20 O.R. (3d) 563, 41 R.P.R. (2d) 300, 75 O.A.C. 196; Levy Estate, Re, 1989 CarswellOnt 521, [1989] O.J. No. 660, 15 A.C.W.S. (3d) 206, 33 E.T.R. 1, 33 O.A.C. 99, 58 D.L.R. (4th) 375, 68 O.R. (2d) 385