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

Estate Litigation

Will Challenges
Quantum Meruit Claims
Dependent Relief Claims
Executor Removals
Power Of Attorney Issues
Statutory Guardianship
Solicitors’ Negligence

Estate Litigation

Commercial Litigation

Shareholder Disputes
Partnership Disputes
Real Estate Litigation
Construction Litigation
Professional Negligence

Commercial Litigation

Elder Law

Wills, Estates & Trusts

Wills
Powers of Attorney for Property
Powers of Attorney for Personal Care
Trusts

Wills, Estates and Trusts

Counsel

Raquel Levine

Counsel

Articles and Blogs

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

Read Posts

What if Someone Dies in the Middle of a Lawsuit?

What if the person you are suing dies before the lawsuit has been completed? The answer starts with Rules 11 and 9.01. We will be dealing with Rule 11 later in our series. For the purposes of this blog, it suffices to say that Rule 11 deals with the transfer of interest or liability to another party by virtue of assignment, bankruptcy, death or other means. When a party to a lawsuit dies, the proceeding is stayed. At that point, any interested person may file the material necessary for the registrar to issue an order to continue – reigniting the lawsuit.

Do Conflicts of Interest Preclude a Party from Acting as Litigation Guardian?

Rule 7 of the Rules of Civil Procedure – R.R.O. 1990, Reg. 194 was designed to protect vulnerable incapable persons involved in litigation. Under that rule, when a party is under a disability and thereby incapable of advocating for him/herself, someone shall step into the incapable person’s shoes and become their litigation guardian to make decisions on their behalf.

Minors, Litigation Guardians, and Limitation Periods

There is an interesting interplay between Rule 7.02(2) of the Rules of Civil Procedure and the Limitations Act, 2002. Historically, the legislature and courts suspended limitation periods for a plaintiff who was a minor until that minor reached the age of majority. But, section 9 of the Limitations Act 2002 allows a defendant to bring a motion to appoint a litigation guardian to represent a minor plaintiff and thereby trigger the start of the limitation period. The case of Siddiqui v. Saint Francis Xavier High School [Siddiqui] demonstrates how this situation can play out.

The Attorney For Property shall act as Litigation Guardian Unless…

Rule 7.02(1.1)(b) of the RULES OF CIVIL PROCEDURE – R.R.O. 1990, Reg. 194 provides that unless a court orders otherwise an attorney for property shall act as litigation guardian for a person under disability. This is understood to be a presumptive, but not conclusive, entitlement. Our review of Berkelhammer v. Berkelhammer Estate focuses on what, in this case, the court considered in exercising its discretion to remove the attorney for property in favour of the Public Guardian and Trustee.

Appointment of a Litigation Guardian is a Matter of the Court’s Discretion

Does the law permit someone who is incapable to hire a lawyer and sue another person? It sounds like a question that should have a simple answer. But then what fun would it be to write a blog about it?

What is a Will?

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

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.

When will a Court remove an estate trustee/executor?

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

What happens when someone is deemed incapable?

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

Frequently Asked Questions

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

FAQs

Maria Monaco

02:46 29 Jan 25

I have dealt with Mr. Wagner over the years, and his services are top notch. He cares about his clients and seeing things be done effective and efficiently as possible. His partner, Mr. Dunphy, holds the same values and I have returned once again because I have the upmost confidence in their capabilities! One of the best law firms in Toronto, 100%!

Dre Nnamdi

19:11 15 Aug 24

Spoke to Charles and he served me some cold hard truth about my situation with my home and mortgage. Even though it’s hard to hear, it’s the best no-bullshit advice & consultation I’ve got. Thanks a lot Charles!& Thanks Bradley for the referral, much appreciated. Great team!

Tammy Ferraro

20:05 29 Jul 24

The passing of 2 family members within three months of each other was unbearable, especially when it's a sibling and a parent. Having to navigate the estate by myself was intimidating and new territory. Self-education and asking the right questions to my legal team allowed me to see the light at the end of the tunnel. Just before the first anniversary, I received a notice that a civil litigation suit was being brought against me for my inheritance based out of Eastern Ontario. Living in Northern Ontario, I could not find anyone to take the case. I searched the internet for firms specializing in estate law. I reached out to Wagner Sidlofsky LLP. The following day, I was connected with Mr. Peter Nuefeld. His professionalism, kind words, and direction helped give me a sense of calm and strength. Following his requests felt accessible and empowering. My questions and concerns were answered and address always. The result was positive, as the suit was dropped. My gratitude to this firm and Mr. Neufeld will never be forgotten. Lastly, I would like to thank Mr. Robert Addario, the Law Clerk, for taking my phone calls and emails. Your kindness has not gone unnoticed.

Anastasia kostopoulos

19:44 19 Oct 23

As an Urban Planner, I accomplish excellence in each project by acknowledging its unique qualities. It is rare to find a Lawyer these days that treats and resolves their cases with that attribute in mind. Charles Wagner has done just that! He listens, then uses critical thinking skills and combines them with the pertinent legal framework available in order to provide a practical, essential solution to the case involved. If you are looking for professionalism with essence and straight forward solutions, this is your law firm.

Sun Chara

19:09 12 Sep 23

Wonderful!!! I'd left a message for Mr. Wagner, and he called me back same day. He answered my questions about the probate case I'm going through, offered insight, and gave me hope! Tough, knowledgeable, kind...he will be your advocate!

Roma Baran

19:18 18 May 23

Hershel Sahian = Tenacious, ProfessionalExcellence Exemplified !!Our case involved a dispute with our neighbour who refused to pay his one-half share of the cost of reconstruction of our division fence, as well as his refusal to move a wrongly situated shed between our properties.Despite numerous requests and our serving him with a Notice Letter, he refused to resolve matters amicably, and hired a paralegal in an attempt to intimidate us. At this point, we decided it was time to pull out the big guns. We called Hershel !Without hesitation, Hershel issued a Claim with the Small Claims Court and filed a Complaint with the City regarding the shed. Upon inspection, the City ordered the neighbour to move his shed.A Settlement Conference was set by the Court to deal with the non-payment for the fence. Interestingly, the neighbour was now being represented by his daughter, not the paralegal. Just days prior to the Settlement Conference, the neighbour offered to settle the matter for an amount less than what was now owing. Hershel refused to entertain such an offer and demanded full damages, interest and costs.At the Settlement Conference, in addition to an Order that the neighbour pay full damages, interest and costs, Hershel requested a formal Judgment against the neighbour. During the Conference, the neighbour’s daughter attempted to elicit sympathy from the Court, repeating several times the fact that she had no legal training. The Judge was reluctant to grant the Judgement, however, Hershel would not take “no” for an answer and advised we were fully prepared to proceed to trial.The result? The Judge made the Order, granted the Judgment, and the neighbour paid the full damages, interest and costs.Hershel always kept us fully advised. He made his position to the opposing side clear from day one and never wavered from his course of action, Hershel is tenacious, yet conducted himself in a highly professional manner throughout the litigation process.Hershel brings years of experience in many areas of law to the table. We are grateful for his counsel and have no hesitation in highly recommending him to anyone looking for a greatcounsellor and litigator.Thank you Hershel !!!Roma & Michael Baran

John Collins

21:16 17 Apr 23

Further to having been appointed as Executor of a deceased relative's Will, who had been a resident of the United States, I was faced with the daunting task of administering a rather complicated estate.The situation was further compounded by the fact I live in the United Kingdom and a number of the interests were located in different countries. One of which was a savings account held with TD Canada Trust and contained a considerable sum.Upon initial contact with TD's estates department I quickly learned why this particular institution had earned a reputation for being notoriously difficult and obstructive when dealing with such matters.Confronted by such surreptitious practices I decided to seek legal counsel.Having been attracted by Wagner and Sidlofsky's online reviews and an equally impressive initial consultation with David Wagner, I had no hesitation in enlisting the firm's services.Ably assisted by Mady Kinnear, I experienced what can only be described as an exemplary standard of professionalism. All communications were concise, clear and extremely prompt.David's experience in conjunction with his attention to detail anticipated every difficulty and allayed any concerns I had previously held regarding a satisfactory outcome.Words cannot express the gratitude and appreciation I will always have for the impeccable support I received throughout the process.Consequently, I highly recommend the firm of Wagner Sidlofsky to any other prospective clients.

Angie Carboni

07:21 08 Nov 22

Dear MuktaI can’t thank both of you at Wagner Sidlofsky enough, for the sound advice that you gave me today, during my free consultation, regarding my application, and process in my becoming my mothers power of attorney (legal guardian).I truly appreciated the honesty, pertaining to the application which I made, with the Ontario’s guardian and public trustee, you both truly gave me peace of mind regarding how I should proceed.Something that is not regularly found these days, but much needed in these times. Once again thank you and God bless both of you. I highly recommend your services to anyone who needs honest objective sound advice that think of your clients needs, before your own financial needs.SincerelyAngela Carboni

christine labelle

16:31 29 Aug 22

The decision to work with any law firm can be quite overwhelming. I recently worked with James regarding an issue after the death of a treasured family member. After questionable use of funds by the power of attorney, the decision was made to file a civil suit. James Dunphy is extremely knowledgeable and kind. My questions, concerns, phone calls and emails were always promptly returned. He helped me feel empowered and supported to see this issue through to completion. I would highly recommend this law firm and James in particular, for the high level of professionalism. Thank you to Mr. Wagner for connecting James and myself.

G Ing

17:42 11 Nov 21

James Dunphy and Brad Phillips worked on my family's estate litigation case and I was not only pleased with the result but, was impressed with the level of focus and detail that they invested in representing our family's interests.James is a pragmatic lawyer who analyzes every detail presented to him and is exceptionally articulate. Clearly, he outranks the competition by leaps and bounds.Brad's extensive experience and strategic thinking was instrumental in achieving our goals. He is candid and very approachable.I truly felt that we worked as a team and that I was respected as a client. I would not hesitate to refer this firm to those in need of litigation services.

Carol Spivak

22:27 06 Oct 21

Words cannot express what fine individuals David and Adin Wagner are. During a traumatic and turbulent moment in my life, David and Adin provided excellent, courteous and professional care. They corresponded with concise feedback and easily understood information. They were always available to provide support when needed, and gave me peace of mind . I never felt alone, they treated me with dignity, and gave me the confidence that my late husband’s estate would be looked after in a proper manner. Needless to say, my engagements with them ended with a very satisfactory outcome. I can’t recommend this law firm enough.

Anet Landoi

07:13 01 Jul 21

Hershel Sahian is an excellent lawyer. I would highly recommend him to anyone in need of a litigator. He took the initiative with my lawsuit. I never had to remind him, run after him or worry that he wasn’t paying attention to my case. He treated my case diligently and aggressively. There is no question that he will not allow his clients to be pushed around. I was very pleased with how quickly my lawsuit was resolved and the outcome exceeded my expectations. If you want a lawyer you can trust to fight for you, Hershel is the man who will get the job done.

Cristina C

17:05 12 May 21

The 5 start system does not do justice to Peter Askew who is outstanding all around: very knowledgeable, prompt , transparent in what he charges , detailed oriented and very bright. I have dealt with lawyers previously in my divorce and also for my current real estate litigation case, before I retained Peter A. He is in another league altogether. He worked on my case as soon as he was receiving documents from me , no delays, no excuses , no “ competing priorities”. Very honest and hard working . I love his humble demeanor contrasting with strong actions and documents . Peter A. thought of all possibilities that the counterpart could have come up with and he prepared for everything, nothing was left to chance . I expected way more trouble with my case but I think we were so well prepared that the counterpart did not have much chances. The bill at the end was fair and very detailed which is also quite rare.

Peter Qiao

23:13 25 Feb 21

I called to inquire about a possible litigation regarding a house which was purchased last year. They actually pick up the phone unlike many other firms, I had a lawyer call me back after just 2 hours. I was given a FREE consultation during which I was offered a sympathetic ear followed by informative and unbiased advices. Would certainly recommend them and call them back should I choose to proceed further.

Sabrina De Bartolo

15:41 15 Feb 21

Words cannot describe the professionalism and expertise we experienced through working with this firm. Charles Wagner is one of a kind. He provided us with sound, clear, and practical legal advice. When you are in distress, it is difficult to think clearly and make good decisions.Charles explained the law, outlined in clear language the steps in the process that where needed to be done. He was reassuring, articulate, knowledgeable and effective. Charles made the process so much easier and gave us peace of mind in a stressful but successful outcome. If I could give this firm more than 5 stars I would! Thank you!

Khaled Elzaabalawi

07:23 10 Dec 20

Wagner Sidlofsky LLP is a very highly professional and dedicated Law Firm. The team is very highly qualified with strong negotiation skills. In my personal opinion I consider my case to be a study case in Breach of contract from the seller's part , The team helped me out to achieve a very satisfactory deal through their experience and skills which saved me a very lengthy litigation. I highly recommend their consultations in any case which may require negotiation and litigation.

Karen Pillon

04:35 24 Nov 20

We have been dealing with Wagner Sidlofsky LLP for the past 3 years. I am extremely grateful to this firm for guiding & directing our family through a difficult litigation. Our case was won by highly skilled & professional litigators Bradley Philips & David Wagner. This firm has a lot of expertise in Estate Law & litigation matters.

A Google User

14:21 14 Sep 20

I recently used them. They were exceptionally efficient, and timely. Emails were ALAWYS answered within one business day, often the same day. The advice that Charles Wagner & James Dunphy gave always practical, and the options they presented were cost effective.I highly recommend Wagner Sidlofsky

A Turner

19:51 02 Sep 20

Great client service , extremely friendly , punctual and knowledgeable.No charge for a phone consult , very nice & informative.I will definitely keep them in my contact list.

Sunita Cooper

18:17 30 Jun 20

Amazing lawyers. Extremely responsive. We dealt with Gregory and David. Anytime we called they answered right away with the exception of only one or two times. The times we left a voicemail, our call was returned within the same hour or less. Both David and Gregory were both very upfront on all matters. In only my personal opinion, they are not in the business of taking advantage or wasting a client's time or money. They are realistic, straight to the point, and honest. Amazing job gentlemen! If you want professionalism, honesty and someone who will go above and beyond for your interests, this is definitely the firm to trust.

Aysha Kolyada

02:10 29 Feb 20

Within 10min of leaving a message requesting consultation on enforcement of foreign judgements in Ontraio; Mr. James Dunphy gave me a call and answered all my questions. Excellent service and highly recommended. Thank you so much for your time and knowledge. MO

21:45 11 Dec 19

Normally, I don’t write reviews. However, you are likely doing what I had to do; conducting an investigation to find the right law firm in an ocean of law firms. I live in New York and I wanted expert legal representation in Canada. I retained the firm of Wagner Sidlofsky LLP.My case involved Estate Litigation with a member of my own family in Canada and I imagine that these types of cases can be even more challenging since there are personal and emotional aspects.Following his initial assessment, Charles Wagner identified key considerations for pursuing a legal course but made clear that all decisions were mine to take without pretense of guarantees. This principal was always implicitly understood.All actions that were taken were discussed and agreed upon in alignment with our overall game plan so that I always felt matters were entirely under control. Communications were two-way. They didn’t waste my time and were very responsive to the invariable twists in the road.Wagner Sidlofsky LLP is a professional, pro-active team offering expert, value-added legal services that you might only read about - as it happens, in a review.

Miwha Stevenson

17:44 28 Oct 19

Most of us seek legal resolution as a last recourse, when we are in a dark place, feeling betrayed and disappointed by those whom we had trusted. Talking to Mr. Charles Wagner left me with a renewed hope for humanity, and I am not being frivolous when I make that statement. Not only was he deeply engaged in thinking through my situation as a legal predicament, an attentiveness that clearly stems from his professional expertise and long experience, but perhaps more importantly, he demonstrated in action how someone would help a complete stranger for no other reason than to do the right thing out of the goodness of his heart. It was much more than a professional consultation, and I will always be most grateful to Mr. Wagner for showing me an example of the kindly and the righteous.

Toras Emes

18:32 27 Oct 19

We were extremely happy with the service and first rate legal advice provided to us by the staff at Wagner Sidlofsky. We could not have been happier with the resolution of our case.

Rob Fairlie

21:00 11 Oct 19

I recently met with Mr. Wagner, Mr. Stroh, and Mr. Askew for a consultation. I was very impressed with their knowledge, professionalism and honesty. I highly recommend them to anyone in need of their services.

Rosedale Child

11:24 16 Aug 19

I am very impressed with Mr Charles Wagner.Initially, I emailed him last night at 10:09 pm asking to meet him today for consultations.He immediately replied (in 25 minutes, at 10:34 pm!) instructing me to call his assistant to book an appointment with her phone number included.When I emailed his assistant this early morning at 7:25 am, she immediately replied (at 8:26 am) before their office even opened, offering me an appointment for today at 1 pm!When I met Mr Charles Wagner (today 2019-08-15) I was impressed with his expertise in estate litigation and professionalism.Furthermore, he showed kindness and compassion for my situation and very clearly explained to me my options.He gave me excellent and most helpful referral for my specific needs.It amazed me that he genuinely cared to help me and was most helpful and honest, pleasant and patient, a great listener.I would highly recommend Mr Charles Wagner to anybody who needs excellent, experienced and friendly lawyer.Definitely a shinning 5 star rating!

Stephane Li

16:54 16 Jul 19

Hershel and I have worked together for nearly 10 years. He is extremely knowledgeable and will never shy away from a challenge. He has a great ability to read situations and anticipate what may come next. You can always count on Hershel to give you his honest legal opinion on a matter. Time over time his honesty and willingness to succeed for his client has benefited my interests and actions. I would recommend Hershel to anyone seeking legal counsel!

Sven Steindorff

14:23 02 Jul 19

Hershel Sahian joined Wager Sidlofsky LLP earlier in 2019. I have known Hershel professionally and personally for over 15 years. He is very a very patient listener and knowledgeable counsel. If you have legal issues with insurers in Canada or USA or just need some legal advice, give him a call first. I can only recommend Hershel to anyone. His vast legal experience will be on your side from day one you contact him.

Alicia Bickle

15:56 24 Jun 19

I live out of Province and was in the market for an estate litigation lawyer in Ontario. Charles Wagner returned my call promptly and was extremely professional over the phone. He was honest with me that he was not the best fit for my case and went above and beyond to provide referrals that he trusted. He was also able to provide an outline of questions that I should ask others about my case. Wonderful service and would definitely recommend to others whose cases fit their profile.

TeddyBarnett1

03:21 21 Jun 19

I had a very productive meeting with Charles Wagner, he provided legal counsel. He is very knowledgeable and experienced lawyer and very honest. He was very helpful and informative, he gave me a lot of valuable advice regarding my litigation case, I recommend him fully.Edward Barnett

Jorge Roldán

01:48 21 Jun 19

I had a very productive meeting with Charles Wagner, he provided legal counsel. He is a very knowledgeable and experienced lawyer and very honest. He was very helpful and informative, he gave me a lot of valuable advise regarding my litigation case, I recommend him.Edward Barnett.

18:22 20 Jun 19

C S

17:30 05 Jun 19

We would like to thank Mr. Matthew Stroh and Mr. Charles Wagner for their superb handling of our trust dispute.From the beginning, Matt clearly understood the dynamics in play and was able to articulate and argue the legalities of our position.The case went to mandatory mediation and on that day we were pleased that both Matt and Charles were present.As the negotiations progressed throughout the day, in mid afternoon Charles came up with brilliant strategy that brought this process to a speedy conclusion and secured an agreement with which we were very happy.We would highly recommend this firm, and in particular, Charles Wagner and Matthew Stroh to anyone in need of a strong and assertive litigation team.Christine S.

Ana Allcott

19:03 14 May 19

I met with Charles Wagner and James Dunphy today for a sensitive family matter. They understood immediately the complexities of my situation and could give a number of solutions to help me deal with the issue. It was an efficient and very helpful meeting. I would enthusiastically recommend this firm. Thank you

Joanne Brown

16:34 20 Mar 19

March 20, 2019 after contemplating making this call for many weeks I finally contacted Wagner Sidlofsky seeking advice on how to proceed with obtaining a copy of my fathers will. When I called the receptionist who was very pleasant, asked for some information and told me I would receive a call as soon as someone was available. Within 30 minutes I had the pleasure of speaking to Mr. Charles Wagner. I explained what I was after and throughout our conversation he asked questions of me that I really hadn't thought about. I appreciated the time he took to give me food for thought excellent advice.Mr. Wagners' compassion, professionalism and honesty is very much appreciated. Consoling someone crying on the phone, who he had never met. I am so glad I made the call to this law firm and I am grateful for the conversation that I had with Mr. Wagner.I would definitely contact this law firm again should I require any legal services.Thank you Charles Wagner. You made sense of it all.Kind RegardsJoanne

Areej Mirza

19:38 07 Mar 19

Our estate case was being handled by the firm. Brad Phillips was thorough in his investigation and Charles Wagner gave us direction through the case. The team handling our case - Brad & Aaron, were insightful, thoughtful and hardworking for the entire duration. I believe that they genuinely felt empathetic towards our case.

Liliana Speciale

19:41 28 Feb 19

We were clients of Wagner Sidlofsky LLP for about a year. The service was excellent and Mr. Wagner’s manner of conducting business was at our level of expectation. His team at the law firm was a great support to our litigation. We went through difficult times and Mr. Wagner’s capacity of dealing with our legal issues was great. We would recommend his law firm to everyone, he has the best support in any ways not only legal but also moral, as a friend.Thank you.Anthony P. SpecialeLiliana Speciale

Keith Marshall

16:20 06 Feb 19

David Wagner and Greg Sidlofsky and all of the staff at Wagner Sidlofsky have been exceptional. They have been professional, courteous, patient, knowledgeable and have always had our needs in mind. I wouldn’t hesitate to refer them.

Patrick D

19:42 15 Jan 19

Mr. Wagner was genuinely a big help to me. I appreciated his directness and keeping our conversation on-track so that I'd come away with the information I really needed to proceed. Much appreciated.

David Brook

11:58 24 Sep 18

Charles Wagner and his junior, Matthew Stroh couldn't have been more helpful. They explained everything clearly enough for us to understand our options in full. Thank you.

Fahra Zommers

13:02 20 Jul 18

I would like to take this opportunity to thank Charles Wagner, David Wagner and Kim Gale for the legal services you provided me. I am truly impressed with your legal expertise and your compassion. You were personable, courteous and kind. You are extremely knowledgable, competent and expeditious while still trying to save me money and time. You are honest and fair and your skills at negotiating are outstanding! Words cannot describe how thankful and grateful I am. I would highly recommend your law firm to anyone seeking legal advice or litigation services.

Irwin Meisles

19:32 07 Sep 17

I contacted Mr Wagner for assistance in drafting a will. Despite the fact that Mr Wagner is a Litigator and does not draft wills, he took the time to introduce me to another lawyer. During that conference call , he provided us with extremely valuable advice to avoid future litigation. I greatly appreciate the time and expertise that he provided free of charge. Thank you again Mr Wagner

Kao Jimmy

12:54 06 Jul 17

Charles was very professional, courteous, and honest - everything that one would expect a lawyer to be - when my family and I met with him for a consultation. He provided us with helpful information and described our options in detail, in a very pleasant manner. It would be an absolute pleasure for us to use his services in the future.

LB LB

21:39 14 Jun 17

At the recommendation of my business partner, I contacted and met with Charles Wagner who showed absolute professionalism and compassion in helping me to deal with stressfull situation to finalize the estate after losing the loved one...Unlike other law offices that I contacted recently, my concerns and questions were laid to rest with competence and straightforward recommendations. The office secretaries are efficient, fast and friendly. Thank you Charles