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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.

The Case Conference: A Powerful Tool For Efficiency in Guardianship Applications
When an application, including an application for guardianship of an incapable person’s care and property, is brought, there are several steps that need to be taken before the application can be heard and decided by a judge. These steps include filing of application materials, cross-examinations, potentially mediation, the appointment of a neutral lawyer to protect the interests of the person whose capacity is in issue,  and preparation of written arguments. Motions may also need to be brought along the way to compel production of documents, stop inappropriate conduct, etc. These steps can be time consuming.
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Joint Tenancies, Spouses and Estates
Can a person sever a joint tenancy and thereby disentitle a spouse from receiving half of the matrimonial home by right of survivorship?  The answer is maybe. The starting point for our discussion is Part II of the Family Law Act (“FLA”).
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Do the Designated Beneficiaries of the RRSP Pay The Tax?
Mediating estate disputes often involves determining who gets proceeds from the deceased’s registered retirement savings plan or registered retirement income fund (“RRSP/RRIF”), and who pays the taxes on that RRSP/RRIF. A key factor during the negotiations at mediation is how a judge would decide this issue were the matter to come before a court. In other words, what does the law say?
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Powers of Attorney – where is the owner’s manual?
Usually, lawyers who draft wills for their clients also prepare a power of attorney for property and personal care. These documents allow the client to choose who makes financial decisions or personal care decisions should the client become incapable. The person whose property is being managed and who signs the power of attorney is called the grantor. The person who is appointed to manage the property or make decisions about personal care (referred to, respectively, as the attorney for property or attorney for personal care) sometimes only sees the document after the grantor becomes incapable. Problems often arise because the attorney does not know what the responsibilities and duties are. If only the document came with an instruction booklet.
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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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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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