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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

Who We Are

Learn about each of our lawyers and how we may help you with your legal issues.

Articles and Blogs

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

Death of a Party and the Unwanted Lawsuit
In our last blog, we reviewed the procedural steps that need to be taken upon a litigant’s death and what steps a litigant’s executor must take in order to continue a lawsuit. But what happens if a litigant’s executor (the “Trustee”) (and/or the beneficiaries) has a sober second look at the lawsuit and decides that the deceased litigant’s case is not particularly strong and they don’t want to obtain an order to continue with the proceeding?
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Are trustees entitled to take interim compensation?
Under Ontario law, all fiduciaries, including estate trustees, have a right to compensation for their time and efforts. This right is derived from the common law, statute, and the instrument creating or governing the relationship, such as a will or continuing power of attorney (as the case may be). However, the question of when a fiduciary is entitled to compensation depends on several factors. In examining this question, this blog will examine the statutory framework for compensation of attorneys and trustees, the common law rule against “pre-taking” compensation and its exceptions, and the consequences that may arise from breach of the rule.
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Do I always have to Apply for Probate?
The short answer is no, but in reality, this question is much more nuanced and complicated than people think.
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What Happens When a Party Dies During a Lawsuit?
The death of a party during a lawsuit almost inevitably complicates the litigation. In this first in a series of blogs, we set out the procedural steps that must be taken in order to proceed with the lawsuit following the death of a party.
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Understanding and Applying the Rule to collapse a Trust
There is a tension between the two sometimes conflicting goals of protecting testamentary freedom and permitting sui juris beneficiaries to enjoy their property without undue restrictions. Testamentary freedom is a hallmark of the common law in democratic societies that support the rule of law and property rights generally. Accordingly, testators are, for the most part, legally entitled to dispose of assets as he or she wishes.
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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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