The Notice of Objection – Theory and Strategy – Part I

This Lunch and Learn seminar will be the first part to a comprehensive introduction to the Notice of Objection: what they are, how they work, and how to defend against one.

The Notice of Objection – Theory and Strategy – Part I

This program is eligible for CPD hours required of Lawyers.
This program is eligible for CPD hours required of Lawyers.
The Notice of Objection – Theory and Strategy – Part I

Overview

This Lunch and Learn seminar will be the first part to a comprehensive introduction to the Notice of Objection: what they are, how they work, and how to defend against one. 

A Notice of Objection essentially notifies the Court that the validity of a Will is in question. It may be brought at any time prior to a Certificate of Appointment being issued by any person with a financial interest in an estate. It stops the Court from issuing a Certificate of Appointment until the Objection is resolved, and prevents the Estate’s assets from being distributed (with some exceptions). 

A Notice of Objection must contain the reasons for the objection. Timing is crucial: the Notice of Objection will not be filed if a Certificate of Appointment has already been issued, meaning that any would-be Will challenger may need to resort to a costly motion to seek the return and/or revocation of a Certificate of Appointment, and to potentially freeze or claw back estate assets.

If an objector cannot establish a “minimum evidentiary threshold” supporting the merits of the objection, or if the propounder of the Will successfully answers the challenge, then the Notice of Objection can be ordered to be struck. 

Topics include:

  • Overview
  • Dangers of delay
  • Executor’s actions not impacted by filing of notice of objection
  • Precedent
  • Strategy in dealing with bogus claims 

Discussion Materials

Main Paper

Session Recording

In the Media

This article was published by Law360 Canada, part of Lexis Nexis Canada Inc. on April 20, 2023.

Presenters

Partner, Wagner Sidlofsky LLP

Greg Sidlofsky

Associate, Wagner Sidlofsky LLP

Mukta Batra

Gold Sponsors

b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank

Silver Sponsors

Bank of Montreal - Trust and Estate Services
Gold Sponsors
b'nai brith canada
Wagner Sidlofsky LLP
Toronto Dominion Bank
Silver Sponsors
Bank of Montreal - Trust and Estate Services
Greg Sidlofsky

Gregory Sidlofsky

Managing Partner, Wagner Sidlofsky LLP

Gregory Sidlofsky is an experienced litigation lawyer certified by the Law Society of Ontario as a Specialist in Civil Litigation. Greg aggressively and successfully advocates for his clients. He appears regularly before all levels of court in Ontario and before various administrative tribunals. Greg has also represented clients in proceedings before the Supreme Court of Canada.

Mukta Batra

Mukta Batra

Associate, Wagner Sidlofsky LLP

Mukta Batra is an associate at Wagner Sidlofsky LLP. Prior to joining the firm in 2022, Mukta worked in the legal department of a professional association of Ontario Educators. She has previously practiced Commercial Litigation in India and US Federal Law.