C. David Freedman is counsel to the firm. David is a graduate of Osgoode Hall Law School (LL.B.), Oxford University (M.A.), and Cambridge University (Ph.D.) and was called to the bar in 1990. His practice is focused on estate, trusts, and guardianship litigation. David also acts as a mediator for disputes in these same areas. David is both a practising lawyer and a tenured academic in the Faculty of Law at Queen’s University.
As a lawyer, David has practised in both large and boutique firms, and has represented people, charities, and institutions in matters at trial and on appeal. He is certified as a Specialist in Estates & Trusts Law by the Law Society of Ontario and is a member of the Society of Trusts & Estates Professionals (STEP). He has regularly accepted assignments through the Law Society’s Coach and Advisor Network to assist less senior lawyers on complex matters. David brings an approach to resolving his clients’ legal problems 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.
As an academic, David teaches Wills & Estates, Trusts, Estate Litigation, and Civil Procedure at Queen’s Law. He is past Editor in Chief of the Estates, Trusts & Pensions Journal and regularly presents at academic and practitioner conferences and in judicial education. He is presently the Chair of the Intestate Succession Working Group, Uniform Law Conference of Canada. David also maintains an academic website.
SELECTED PUBLICATIONS
- “Tracing in the Family Law Act” [forthcoming]
- The Law of Trusts: A Contextual Approach, 6th Edition (Emond Montgomery, 2026) [“Administration of Trusts” chapter]
- Oosterhoff on Wills, 10th Edition (Thomson Reuters, 2026) [Chapters on validity of testamentary instruments, substitute decision-making, and dependants’ support].
- “Agency v. Delegation” presentation at The Annotated Powers of Attorney for Property and for Personal Care (Law Society of Ontario, 2026)
- “Estate Litigation” presentation at the Supreme Courts of Nova Scotia and Prince Edward Island Education Seminar (National Judicial Institute, 2025)
- “Unjust Enrichment” & “Estate Litigation and Probate History” presentations at Osgoode Certificate in Estate Litigation, 2025
- “Conflicts When Acting as Trustee and Lawyer” (2021), 40 Estates, Trusts & Pensions Journal 347; reprinted in Anne E.P. Armstrong, Estate Administration: A Reference Manual (2021, Thomson Reuters)
- “Drafting and Attacking a Charging Clause in a Will” (2017), 36 Estates, Trusts & Pensions Journal 160
- “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 & Pensions Journal 422
- “Disputes Amongst Multiple Trustees: What Rights Does A Minority Estate Trustee Have Against An Oppressive Majority?” (2012), 32 Estates, Trusts & Pensions Journal 41
- “Misfeasance, Nonfeasance and the Self-Interested Attorney” (2011), 30 Estates, Trusts & Pensions Journal 45
- “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