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Charles Wagner

Partner/Certified Specialist in Estates & Trusts Law, TEP

Video About Charles

Charles Wagner is designated as a Certified Specialist in Estates and Trusts Law by the Law Society of Ontario and a partner at Wagner Sidlofsky LLP which is a boutique law firm located in Toronto focusing on Commercial and Estate Litigation.

Called to the bar in 1985, Charles practice involves both estate litigation and commercial litigation. Over the past ten years, Charles has overseen the development of this Litigation Boutique law firm in Toronto made up of five lawyers and three law clerks. The Estate litigation practice involves Will Challenges, Elder Abuse, Power of Attorney Disputes, Estate and Trust administration, trust and fiduciary issues, estate and mental capacity concerns.

The litigation practice involves a wide spectrum of business disputes including breach of contract and partnership disputes, private international law contract, torts, and oppression remedies.

Described by clients as aggressive and knowledgable, speedy, efficient and effective, as well as a real top gun, Charles Wagner is a senior member of the Estates Litigation Bar in Toronto, Ontario.

As chair of the Estate and Trusts Group, Lawyers Division of B’nai Brith Charles has help create a series of continuing legal education programs for lawyers, accountants and financial planners dealing with issues of interest in estate and trust administration. He is also one of the associate editors of the B’nai Brith Legal periodical and a frequent contributor of publications.

Charles Wagner, Gregory Sidlofsky and David Wagner, “New Brunswick appeal probates will without signature: Lessons for Ontario”
a) The abridged version published by The Lawyer’s Daily part of Lexis Nexis Canada Inc.
b) The unabridged version.

C. Wagner and David Elmaleh, “Understanding and Applying the Rule to Collapse a Trust“, (18th Annual B’nai Brith Trusts and Estates Seminar: Trust Troubles – Litigation, Tax and Ethical Issues, June 4, 2019)

C. Wagner and B. Donovan, “Estate Trustee During Litigation: A Review of Recent Case Law”, Armstrong, Estate Administration: A Solicitor’s Manual, Selected Legal Literature, 2019. Accessible on Westlaw: SLL-36 — ESTATE TRUSTEES DURING LITIGATION: A…, Ont-EAdmin SLL-36.

C. Wagner and P. Neufeld, “Concerns about the Med-Arb“, York University Osgoode Hall Law School Professional Development, The Essential Guide To Estate Dispute Mediations: Challenging Problems and Effective Solutions For Counsel, June 5, 2019 (paper)

C. Wagner and P. Neufeld, “Concerns about the Med-Arb“, York University Osgoode Hall Law School Professional Development, The Essential Guide To Estate Dispute Mediations: Challenging Problems and Effective Solutions For Counsel, June 5, 2019 (presentation)

Charles Wagner, David Wagner and David Posner, “Halachic Estate Planning – Tax and Litigation Risks”
a) The abridged version published in the Estates Trusts & Pensions Journal [Vol. 73 2018] p. 335
b) The unabridged version.

C. Wagner, B. Donovan and A. Pearl, “People of Faith and Substitute Decision-Making” (STEP Canada 20th National Conference, May 28-29, 2018)

C. Wagner and G. Sidlofsky, “Is section 28 of the Estates Act the sole authority for the appointment of an ETDL? A case comment on Mayer v. Rubin“, Estates & Trusts Reports, Vol 30, Part 2, November 2017.

Charles Wagner and Mari Maimets, “Litigation and RESPs”, Paper presented at the Law Society of Upper Canada 20th Annual Estates and Trusts Summit, October 16, 2017

C. Wagner and B. Donovan, “The Implications of the Ashton Case & Beneficiary Designations” The Six Minute Estates Lawyer 2017

C. Wagner, G. Sidlofsky, and R. Kwan. Advising the Orthodox Jewish Litigant
a) The abridged version published in the Advocates’ Quarterly Volume 46, Number 2, November 2016; and
b) The unabridged version

C. Wagner and A. Pearl, “Do Canadian doctors have a right to refuse to refer patients to physicians who will assist them to commit suicide?” (2016), 17 E.T.R. (4th) 26.

B. Donovan and C. Wagner, “Administration of wills with in terrorem no-contest clauses – validity, relevant case law, interpretation and analysis” (LSUC Practice Gems: Administration of Estates, 2015)

B. Donovan and C. Wagner, “Litigating No-Contest Clauses in Wills” (LSUC Practice Gems: Administration of Estates, 2015).

C. Wagner and A. Felker, “Power of Attorney Abuse – What Can and Should You Do?”, York University Osgoode Hall Law School Professional Development, 2015 Guide to Advising the Elderly Client-Key Issues, Best Practices & Practical Approaches November 4-5, 2015.

C. Wagner and A. Hummel, “Spence v. BMO Trust Co. – Should the decision be overturned at the Court of Appeal?“, 9-ETR-CAN-ART 34 Estates and Trusts Reports, 2015.

B. Donovan and C. Wagner, “Challenging the Wills of the Living” (November 2014), LSUC 17th Annual Estates and Trusts Summit November 3, 2014.

C. Wagner and N. Herrmann, Insane Delusions – Has The Test Been Expanded? (Toronto: LSUC Estate Litigation Practice Essentials, 2012).

C. Wagner and B. Porat, “End-of-life decision making: Rasouli appeal to be heard by Supreme Court of Canada” (2012), 78 E.T.R. (3d) 180.

Charles Wagner and Michael Gruda, “Forum Shopping and Formalities of Execution in Israel and Ontario” (June, 2010) 2(1) B’nai Brith Law Journal 8.

Nathan Herrmann and Charles Wagner, “Insane Delusions and Parkinson’s Disease” (March, 2009) 1(1) B’nai Brith Law Journal 36.

Charles Wagner, “Status of Religious Marriages in Ontario Law” (2009) 28 Estates, Trusts & Pensions Journal 129.

As a ligitation and estate lawyer, Charles has appeared before the Ontario Court of Appeal, the Divisional Court and the Superior Court of Justice. Below is a list of his selected cases which have been reported:

  1. John Gironda et al. v. Vito Gironda et al., 2013 ONSC 4133 (CanLII); 2013 CarswellOnt 8612
  2. The Bank of Nova Scotia Trust Company and Hodgins v. Zo, 2011 ONSC 5201 (CanLII)
  3. Lisi v. Lisi, 2012 ONSC 4077 (CanLII)
  4. Diament v. Ockrant 2011 CarswellOnt 2466, 2011 ONSC 2175
  5. Urbisci v. Urbisci, 2010 ONSC 6130 (Ont. S.C.J.);
  6. McCullough v. Riffert, 2010 CarswellOnt 6351 (Ont. S.C.J.);
  7. Jones v. Foresi, 2010 CarswellOnt 690; 2010 (Ont.C.A.);
  8. Lipson v. Lipson et al., 2010 CarswellOnt 516 2010 ONSC 475, 54 E.T.R. (3d) 220 (Ont. S.C.J.);
  9. Lipson v. Lipson (2009), 2009 CarswellOnt 7474, 52 E.T.R. (3d) 44, L.A. Pattillo J. (Ont. S.C.J.);
  10. Jones v. Foresi2009 CarswellOnt 8890 Ontario Superior Court of Justice, 2009 (Ont. S.C.J.);
  11. Besser v. Besser 2009 CarswellOnt 4258 (Ont. S.C.J.);
  12. Bennett v. Gotlibowicz, 2008 CarsellOnt 10810, 166 A.C.W.S. (3d) 167;
  13. Voketel Inc. v. More, 2006 CanLII 40240 (Ont. S.C.J.);
  14. Nobosoft Corp. v. No Borders Inc. 2006 CarswellOnt 6213 (Ont. S.C.J.);
  15. Allan v. Riverside Lodge 1987 CarswellOnt 1075 (Ont.Div.Crt.)
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