Wagner Sidlofsky LLP

Freezing Assets and Searching Premises in Civil Disputes

Adam Persofsky — Tue, 14 Apr 2026 21:46:05 +0000

Mareva and Anton Piller orders are two extraordinary forms of civil injunctive relief that may be granted prior to a full trial. Often, these orders are obtained without notice. To obtain these types of relief, the threshold to meet is high because the consequences are significant.

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Sealing Orders: Overcoming the Open Court Principle

Gabriela Verdicchio — Mon, 16 Mar 2026 19:30:12 +0000

Parties to a lawsuit are often surprised to learn that the accusations thrown at them, and at times deeply personal information about them, may be filed in the court system and open to the entire public. Instinctually, many parties may wish to have certain personal information disclosed in the litigation not form part of the public record.

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Court of Appeal for Ontario Weighs in on Forum Selection and Arbitration Clauses in Cryptocurrency Class Actions

Yuxi Wen and David Wagner — Tue, 13 Jan 2026 16:11:47 +0000

Investors often consider cryptocurrency and digital assets to be global assets and are not cognizant of the jurisdictional and legal issues that can apply in the event of a dispute. For Canadians investing in such assets, the applicable legal jurisdiction should not just be considered to be a peripheral issue.

Canada is home to a large and growing community of retail and institutional investors, and its courts and regulatory bodies are increasingly being asked to address disputes involving global crypto platforms. Yet, unlike in the United States - where the Congress recently passed the Genius Act to create a clearer regulatory framework - Canadian law remains somewhat unsettled.

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Is Failure to Serve a Beneficiary Fatal to a Will Challenge?

Charles Wagner and C. David Freedman — Mon, 15 Sep 2025 19:36:33 +0000

An analysis of Rule 9.01(1) and (2)and Lev v. Lev. In estates and trusts related matters, both Ontario’s Rules of Civil Procedure and Manitoba’s Court of King's Bench Rules permit litigation being brought against a trustee without joining beneficiaries as parties subject to certain exceptions. In Manitoba, failure to join beneficiaries will be fatal to the attack on a trust. In Ontario, however, we could not find one case that addresses this issue. The purpose of this blog is to review the Manitoba case in question and assess the viability of such a defence to an attack on a testamentary document in Ontario.

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Rule 17 Service Outside Ontario & An Analysis of Kaplan v. Heber

Charles Wagner — Wed, 02 Jul 2025 19:22:54 +0000

How do you go about serving extrajudicial documents on parties outside of Ontario? Are courts strict in their enforcing the rules governing service? Let’s start the conversation by saying that service of legal documents on parties outside Ontario is a laborious, arduous and involved task.

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The Test to Appoint a Litigation Guardian

Charles Wagner and Gregory Sidlofsky — Wed, 21 May 2025 21:35:31 +0000

What test does the court apply when deciding if a person is under a disability that requires a litigation guardian? This question was addressed in 626381 Ontario Ltd. v. Kagan, Shastri, Barristers & Solicitors[“Kagan”]. Its importance stems from the fact that the definition of capacity is often situation and statute specific. It’s also important because it reminds us that the rationale and threshold for compelling someone to undergo a medical examination in the context of a substitute decisions matter is very different than in the context of a Rule 7 motion. Let’s start our discussion with the facts of the case.

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First Meeting & Ongoing Representation: Issues of Capacity to Give Instructions

Charles Wagner — Tue, 01 Apr 2025 21:37:58 +0000

PAST EVENT: Occurred on May 13, 2025
with Clare Burns, Greg Sidlofsky, and James Dunphy

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Elder Abuse

Charles Wagner — Mon, 31 Mar 2025 21:29:22 +0000

PAST EVENT: Occurred on November 18, 2025
with Brad Phillips, Marshall Swadron, and Graham Webb

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Guardianship Applications

Charles Wagner — Mon, 31 Mar 2025 21:07:06 +0000

PAST EVENT: Occurred on November 4, 2025
with James Dunphy and Adin Wagner

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Power of Attorney Issues

Charles Wagner — Fri, 28 Mar 2025 21:57:44 +0000

PAST EVENT: Occurred on October 21, 2025
with Brad Phillips, Yana Fox, and Liza Saad

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