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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: Issues in Respect of Evidence
In our previous blogs, we discussed many of the procedural and cost implications associated with the death of a party. Oftentimes, however, the death of a litigant causes more than just a procedural hiccup and can be quite prejudicial to the deceased litigant’s case. For instance, in cases where the deceased litigant’s cause of action relies heavily on the deceased litigant’s personal knowledge and recollection of events.
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Death of a Party: What Happens when the Deceased’s Executor is forced to discontinue a claim?
In this blog, we look at a unique scenario where a Trustee has no legal right to continue an action and must discontinue. Who bears the costs in this scenario? The vast majority of claims commenced by a deceased party can be continued following the person’s death. Section 38 of the Trustee Act is the statutory provision regulating the recovery of damages on behalf of a deceased.
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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 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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