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Toronto Lawyers

Wagner Sidlofsky LLP

Wagner Sidlofsky LLP is a Toronto law firm providing legal counsel to international and Canadian individuals and businesses involved in disputes. The firm’s areas of practice include Estate Litigation, Commercial Litigation and Elder Law.

We only litigate.

As a Toronto law firm, our lawyers’ proficiency has developed from the single minded focus of their practice in their areas of expertise. Every lawyer brings his/her own unique talents to the firm, but each shares a commitment to excellence. We get results by tenaciously and assertively advocating for our clients.

The firm’s lawyers regularly appear in the Ontario Superior Court of Justice and the Ontario Court of Appeal as well as various administrative tribunals.

What We Do

  • Will Challenges
  • Quantum Meruit Claims
  • Dependent Relief Claims
  • Executor Removals
  • Power Of Attorney Issues
  • Statutory Guardianship
  • Solicitors’ Negligence
Estate Litigation
  • Shareholder Disputes
  • Partnership Disputes
  • Real Estate Litigation
  • Construction Litigation
  • Professional Negligence
Commercial Litigation

Articles and Blogs

Read from our archive of information on
estate and commercial litigation law.

Retroactively Rectifying Title Pursuant to Section 160 of the Land Titles Act
After someone passes away, the estate trustee will often apply for a certificate of appointment of estate trustee. While it is not technically mandatory to apply for the certificate of appointment in order to administer the estate, it is often a practical requirement in order to deal with certain types of assets. Applying for the certificate triggers the requirement to pay estate administration tax on the assets of the Estate. Even where it will be practically necessary for the estate trustee to apply for the certificate in order to administer the estate, there are certain ways you can structure your affairs to minimize the estate administration tax that will be payable.
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Compensation for Acting as Guardian for Personal Care/Attorney for Personal Care
There is a curious quirk in the Substitute Decisions Act: while the Act explicitly permits a guardian of property appointed under a Power of Attorney for Property to take compensation for their services, there is no equivalent provision permitting Guardians of the Person appointed under a Power of Attorney for Personal Care to take compensation. An obvious question therefore arises: are guardians of the person entitled to take compensation for their services? And if so, how much?
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Can a trustee recover funds from a beneficiary where the trustee makes an overpayment by mistake?
The administration of the estate can take time and often the assets and liabilities will be known and the amount available for distribution can be estimated. Accordingly, personal representatives will oftentimes make an interim distribution from the estate to the beneficiaries leaving a holdback amount to cover any anticipated liabilities and expenses. In some cases, the personal representative’s estimates can be incorrect or there’s a liability that the personal representative failed to take into account. Meaning, the personal representative may have mistakenly made an overpayment to the beneficiaries.
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Discontinuing an action/abandoning an application – presumptive rules on costs
A civil action can be ended by the plaintiff by filing a notice of discontinuance. An applicant can end an application by filing a notice of abandonment. The steps can be taken by a plaintiff or applicant at any time. However, anyone who has been served with the claim or application, and who has responded to it, can ask the court to award them costs as compensation for the costs they incurred in responding to the proceeding.
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Can a Named Estate Trustee Renounce Their Position Prior to The Death of the Testator?
An application to remove an estate trustee is often brought when there is significant acrimony in the administration of an estate stemming from the actions, perceived or real, of the trustee. However, if the named trustee is willing to give up the position on consent, simply substituting a different trustee can often reduce tensions and avoid costly litigation. Renunciation is “[t]he formal act whereby an executor entitled to a grant of probate (or person having the right to a grant of administration) renounces such right”.
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What is a Will?

A will is a written document that outlines how the deceased wanted his or her assets distributed after death.

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How do I get a copy of someone’s will after they die?

Disinherited family members and disappointed beneficiaries often are denied access to a copy of a Will by the executors.

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When will a Court remove an estate trustee/executor?

Historically, Ontario’s Courts needed to see evidence of misconduct in order to remove trustees.

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What happens when someone is deemed incapable?

There are many variables to consider and each situation will turn on its own facts.

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Frequently Asked Questions

Visit our resource section to find helpful information, including some answers to frequently asked questions.

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