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David Wagner - Toronto Litigator

David Wagner

Partner, TEP

Video About David

David, a partner at Wagner Sidlofsky LLP, has substantial experience in both commercial and estate litigation and their nuanced interplay and complexities.

In the last decade, he frequently appeared in court representing clients in high stakes litigation. For commercial matters this often involved shareholder disputes, oppression remedies, contractual disputes and torts. In the context of estates, David’s trials, applications and motions routinely involved many aspects of estate and fiduciary disputes including will challenges, executor removal applications, accounting disputes as well as challenges involving powers of attorney and guardianship applications.

As a mediator, David focuses on estate litigation and guardianship disputes. He takes a practical and nuanced approach to try and help the parties focus on the real obstacles impeding resolution.

David is a respected speaker and writer at CPD programs as evident by the recent Alberta Court of Appeal’s reference to his article dealing with the majority rule clause in the Brodylo Estate (Re), 2023 ABCA 314 (CanLII). He regularly speaks at the Law Society of Ontario’s Trust and Estate Summit, OsgoodePD’s certificate program for Estate Litigation, the Ontario Tax Conference hosted by the Canadian Tax Foundation, the Canadian Bar Association, and the Ontario Bar Association.

Gregory Sidlofsky, Charles Wagner and David Wagner, “Fraudulent Conveyances and Estate Litigation. Stone v. Stone – 18 years later”
a) Part one of the abridged version was published by The Lawyer’s Daily part of Lexis Nexis Canada Inc.
b) Part two of the abridged version was published by The Lawyer’s Daily part of Lexis Nexis Canada Inc.
c) The unabridged version.

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.

D. Wagner and Peter Weissman, “When are Accountants Liable for Providing Negligent Tax and Estate Planning Advice?“, (18th Annual B’nai Brith Trusts and Estates Seminar: Trust Troubles – Litigation, Tax and Ethical Issues, June 4, 2019)

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. 37 2018] p. 335
b) The unabridged version.

Blog Posts

joint tenancy
mistake in calculation
Certificate of Pending Litigation
what is a holograph will?
disinheritance
special items in estate law
law online
extortion
gift of property and resulting trust
Do I need a Will?
loan or gift and limitation periods
challenge for court costs
cryptocurrency
undue influence
Majority Rules
mirror wills
limitation period
constructive trust
fraud
passing accounts cost
joint tenant
court appointed monitor
probate of will
codicil
accountant negligence
expert witness
unsigned will
fudicary duty
recording video evidence
legal fees
Death of Litigant and Unwanted Lawsuit
probate application
dealth during trial
conflict of interest
nuisance claim in estate law
limitation period
estate administration
probate application
discovery meeting
Tax Planning and Estate Law
validity of will
gift or loan
bully lawyer
notice of objection
estate trustee fees
undue influence
forced-sale
extorsion by executor of estate
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