THE MOST FAMOUS TORONTO LAWYER-IRVING SOLNIK-IS OBVIOUSLY THE MOST FAMOUS LAWYER ON THE INTERNET- HE IS MENTIONED OR DISCUSSED MORE THAN AN ESTIMATED ONE MILLION AND FIVE HUNDRED OR MORE TIMES DAILY BY THE SEARCH ENGINES ON THE WORLD WIDE WEB!
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IRVING SOLNIK IS, ACCORDING TO THE INTERNET, THE MOST FAMOUS AND RECOMMENDED LAWYER ON THE INTERNET. SEARCH ANY MAJOR SEARCH ENGINE TO FIND OUT WHY!
He successfully practices and is experienced in many areas of law since he became a lawyer when he began practicing law as a sole practitioner.
This blog is primarily about wrongful dismissal and family law when CAS becomes involved.
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Wrongful Dismissal-Employment Law
You were suddenly let go or demoted from your job. You struggle to seek gainful employment to support your family and maintain your standard of living. Your savings are gone. Bills come in faster than you can get the money to pay them. Do you have a case against your employer?
Perhaps you are an employer. You're thinking about firing someone, but don't want a lawsuit on your hands. What should you watch out for? What are your options? What should you do next?
Contact a Toronto Wrongful Dismissal Lawyer today at 416-222-8509 or
800-557-0678 toll free to schedule a free initial telephone consultation with Irving Solnik or one of his experienced staff.
They are ready to help you answer these questions and advise you on the best course of action to take for your situation.
Whether you are an employer seeking to terminate an employee or an employee seeking retribution against a wrongful dismissal , Irving Solnik is here to make sure that you not only know your rights, but to ensure that those rights are protected.
Damages for Wrongful Dismissa
So, is it worth it to sue for wrongful dismissal? How much can you recover?
A court will compensate you for salary and benefits proved to have been lost during the reasonable notice period, minus any severance pay or notice you actually received.
Be aware that you have a duty to seek new employment after any employment dismissal and the courts will consider your efforts to do so. Any money you earned or should have been earned during the reasonable notice period will also be deducted from any judgment for damages.
For instance, if you are entitled to a reasonable notice period of eight months and only received eight weeks of notice before being terminated and you could have earned money at a new job during that reasonable notice period, a court would most likely calculate the damages to include eight months' salary and benefits. Benefits that the courts have awarded damages for include:
Bonuses
Stock options
Pension, insurance, medical plans
Moving expenses
Vacation pay
Other benefits which would have been earned if employment had continued. Aside from compensating for lost salary and benefits during the reasonable notice period, courts may, in limited circumstances, compensate a terminated employee for an employer's extreme behaviour.
Extreme behaviour includes causing mental distress, defamation or loss of reputation and assault, to name a few. As well, employees may be compensated for leaving a previous employer at the insistence of the employer who dismissed them.
Constructive Dismissal:
Getting Fired without Getting Fired
In business jargon, it's called, "Going to Siberia." You still work for the same company, but instead of being vice president of finance you're now the "special projects manager." Your corner office has been replaced by a cubicle next to the mail room. "If they'd fired me," you fume, "at least I could have sued." Well, maybe you still can.
If your employer fundamentally breaches or changes any major term of the employment relationship, such as duties or status, you could claim that you've been constructively dismissed. In other words, you were, in effect, fired. You could then sue for wrongful dismissa
A court will consider all of the circumstances of the employment relationship to decide whether a fundamental breach or change has occurred.
If, for example, your employer gave you reasonable notice that a change would occur, there is no constructive dismissal. If a breach has occurred, you must communicate that you do not accept the change and try to negotiate a solution. If the problem cannot be resolved, you can resign and start an action for wrongful dismissal. The court will examine the facts surrounding the resignation when it awards damages.
If, instead, you continue to work under the new conditions, after a reasonable amount of time, the new conditions are considered accepted and become part of the employment agreement.
These are some changes which may qualify as constructive dismissal:
Hiring a replacement
Demotion
Withholding pay
Change in job responsibilities
Abusive treatment
Fewer hours
Short-term lay off
Forced leave of absence
Not allowing employee to work
Forced transfer
The damages that would be awarded by a court depend on a variety of factors and cannot be estimated here unless all factors are known and taken into account.
At the law offices of Irving Solnik Professional Corporation, Irving Solnik or one of his experienced staff will sit down with you and help you determine if you, in fact, have a case for constructive dismissal. Contact our Toronto lawyers today at (416) 222-8509 or toll free at (800) 557-0678 to start fighting for your rights as an employee.
Review our individual practice pages in our website below and contact us with questions about areas of law not specifically covered.
website: http://www.irvingsolnik.com/
Child Welfare FAQs
Who are we? Irving Solnik, P.C. is an attorney experienced in child custody, and truly on the side of your children. When a family splits up, everyone is hurt and a custody fight is never easy. However, an educated, well-prepared parent will be a successful parent and an example to their children, proper expectations will reduce surprises and stress, and legal support will lessen your burden. We know you have a number of questions and we want you to be a well-informed parent.
Here are the most asked questions about getting children back and their answers:
1. How can I get help; I have no money for an attorney?
2. What can you do to help me get custody of my children?
3. Should I get started right away by signing the paperwork to get my children back?
4. Why shouldn't I trust Children's Aid Society to do the right thing?
5. Do I have to retain a lawyer?
6. How will Children's Aid Society build their case against me?
7. What is Children's Aid Society's Court Process?
8. What does CAS look for during access visits?
9. Should I cooperate with the Society, I've never had any interaction with them before?
10. My spouse is very anti-Society and I'm afraid; what do I do?
11. What behaviours should I most avoid to prevent bad documentation from the Society worker?
12. Shouldn't my CAS worker be working on my side; I assumed they want what is best for my children?
13. Will the CAS lawyer be fair?
14. Won't my judge see that I am good for my children and do the right thing?
1. How can I get help; I have no money for an attorney?
Many people who need an attorney cannot afford one. If you are in this position, you may qualify for the Legal Aid Plan of Ontario. Once you qualify they will pay your attorney fees. The legal offices of Irving Solnik accept legal aid certificates and will provide sound advice.
The good of your children is our top priority.
2. What can you do to help me get custody of my children?
a. Our team will work very hard on your behalf.
b. We will tell you when to negotiate rather than confront.
c. We will look at your personality and make you aware of problems you may encounter in your approach to emotional, high stress situations so you are better prepared to handle them.
d. We will offer remedies to and point out problems you may not be aware exist in your case
e. Should negotiation fail, we will bring your case before the judge as soon as possible.
f. We will motion to have a lawyer appointed from the Ontario Child's Counsel (O.C.L.) for your children so your children's voices are heard. Children often know what is best for them and the judge should hear their side
3. Should I get started right away by signing the paperwork to get my children back?
a. Before you sign anything, speak with an experienced child custody attorney.
4. Why shouldn't I trust Children's Aid Society to do the right thing?
a. For years the Children's Aid Society has taken thousands of children into their care and saved many lives. It is also the unfortunate truth that a large number of children left in their control have developed severe psychological problems and even perished. No matter their intentions, they regularly do a lousy job.
b. The CAS mind set that they are always right and the challenger always wrong leaves little room for negotiation. They believe they do not make mistakes. Not so.far too many mistakes are casually made with far too many children's lives.
c. Sadly, the judicial system tends to automatically side with CAS simply because they do not have the background or time to investigate conflicts. They trust CAS because it is a government organization, the same government they work for.
d. On appeal, many courts do not grasp the dynamics of Children's Aid cases simply because they see so very few of them.
e. You need a convicted lawyer on your side; someone who is ready to fight Children's Aid Society for the welfare of your children. We are committed to seeing justice done and want a better future for you, your children and society.
5. Do I have to retain a lawyer?
a. If you are a parent in a court case against Children's Aid Society we strongly recommend you retain a lawyer at the first possible opportunity. Children's Aid Society is experienced in courtroom procedure and practiced in getting their way. It is nearly impossible for you to take on this battle alone.
If your children are important to you, please retain the services of an experienced lawyer as soon as possible.
6. How will Children's Aid Society build their case against me?
CAS workers write everything down. Long before the Society seeks wardship, the society worker will enter your home and offer friendly advice. Occasionally they will offer funds to solve short term problems. Although this seems a kind gesture, the aid worker will write in their notes "Cannot budget properly."
"When you let them into your home on short notice and the house is a mess, they will note "Poor housekeeping skills."
"When you yell at your child for dumping cereal on her sister's head, the worker will write "Parenting skills suspect."
If you ignore one of your children during the meeting, the notation may read: "Does not interact with child x.suspect poor bond."
This is how society cases are built; note by note by note. You may not see notes being taken during your meeting, but they are usually made while incidents are fresh in the worker's mind.
Although workers cannot accumulate information with a nefarious plan in mind, they know this information may assist in any future court case and it is their job to document these events. Make no mistake, the case against is already being built, sentence by sentence, block by block.
7. What is Children's Aid Society's Court Process?
Please Note that the following responses are designed only to acquaint parents with a few (and only a few) of the steps and issues in Children's Aid cases. Our responses are in no way intended as legal advice on any specific case. If your children are important to you, please retain a lawyer as soon as possible.
a. The Apprehension
CAS cases often start with an "apprehension." This term is used when CAS takes children into their "care." Parents tend to think of this conduct in terms of a kidnapping or abduction. A word of caution here: DO NOT use these terms or anything remotely similar in court. It serves no useful purpose and may alienate a judge. The presiding Justice will understand the issues without hyperbole.
b. Initial Paperwork
Before your first court appearance, you will probably be served with the Society's paperwork. It is extensive. Sometimes you will receive the paperwork the day before your first court date or a few minutes before court; do not panic. The judge will be aware you have not had time to hire a lawyer or prepare your responding material at this point and will not make long term decisions until you have had the opportunity to prepare and present your case.
c. How to deal with the paperwork.
1. Copy everything.
2. Save at least one clean, unmarked copy for your lawyer.
3. Make notes on your copy detailing your version of things. These notes will allow your lawyer to prepare your case more quickly.
The First Court Appearance
Always attend court on the first appearance. It tells the whole world you deeply care for your children and judges always note who appears in court.
First Court Warning
Think about this: at the first court appearance, the court has only the CAS material in front of them and nothing else. The Society's material will list the CAS perception of your case, real or suspected, they are usually terrible allegations. However, this is only one side of the story.
The court knows nothing about your, your children or problems you may have. Your lawyer cannot tell the court anything at this time that will have your children returned to you immediately; it rarely happens. Judges are firm on this and will want a comprehensive response from you before even considering their return to you. Expect only a date to be set for filing papers and argument.
The end result of your first court date in most cases will be a future court date to argue temporary care of your children. Your children will be placed in the care of the Society until the argument date. Unfair? Perhaps, but you need to accept that this is the way it will be.
The Temporary Care Motion
This court hearing will decide what happens to your children until the matter goes to trial, if not resolved. The judge will have read both the CAS affidavit material and your affidavit material. In fact, the judge will have read all materials filed or will do so before a decision is given unless the parties agree and consent to an order. However, your chances of prevailing at this point are still very slim.
Access During Adjournments
1. As indicated, your children will remain in care while waiting for the motion to argue temporary care; but what about access. Many parents are so angry about the children remaining in care that they destroy any chance of getting their children back by their behavior.
2. You may be offered supervised access at the Children's Aid building at the Society's discretion, which may make you react in anger. This is, however, an opportunity to help your children and your case. Control your anger at all cost in order to obtain the best possible access through the court. This case is not about your rights alone, it is about your children and they need you.
You or your lawyer should push for specified access, for example: Tuesday and Thursday from 5 to 7 p.m. Push for access you can manage, perhaps around your work schedule. Push to have it put in a court order and ask for as much visitation as possible.
If you agree to let the children stay in care at this point your lawyer can most likely negotiate better access with the Society. This may result in your children being returned to your care sooner than with any other strategy. You can grow initial access into more and better access and possibly into the return of your child. This is the ultimate goal and what your lawyer will negotiate for you.
You must take anger out of this situation for the good of your child. On occasion a judge will order specified access to be expanded at the discretion of the Society. This could work to your advantage if you have a worker you can get along with and may mean increased access without a return to court to vary the order.
6. The general rules for access are:
1. A parent is usually better server when access set out in a court order.
2. A parent is usually better served when access is as frequent as possible, even if supervised by the Society.
3. A parent is best served by missing no access visits during any adjournment. This is vital.
4. If a parent misbehaves during an access visit, the court may be advised of this fact.
5. DO NOT talk about the court case or the case workers during access visits.
6. DO NOT complain about the Society or a worker during access visits.
7. If there no problems occur during access, at a future date the judge will consider changing the court order and expanding access.
8. What does CAS look for during access visits?
Access visits are a key part of the strategy of a CAS case. They are damn important to the outcome of your case and the Society makes notes on every access visit.
a. If you are irregular in access visits, it will be noted
b. How the access visits proceed will be documented are there parenting problems, do you hug the kids, is there appropriate interaction?
"Hugging" is allowed and expected; Screaming is not.
Criticism of the Prime Minister is tolerated
Criticism of the Society at access visits will be noted and will hurt you.
This demonstrates you cannot work the Society and it is something the judge will surely take note of.
c. Do not think surreptitiously taping or filming access visits will help you. Some suggest you use this energy and skill more productively.
9. Should I cooperate with the Society, I've never had any interaction with them before?
When you have had no previous Society involvement and they want to be involved with you, there is a reason. Ask yourself the following questions:
a. What sort of behaviour are they talking about?
b. Have teachers indicated any problems with your children?
c. Have you noticed your children acting out at home or any significant change in their behaviour?
d. Could the police have called them about any problems at all?
e. Have there been any allegations about sexual or physical abuse?
f. How much do you and your spouse drink? Do you smoke dope or do any drugs?
g. Is your home clean and tidy?
h. Has the Society taken or attempted to take pictures of your home?
i. How well are your kids dressed?
j. Do their teachers ever tell them they are dressed improperly?
k. Have teachers ever mentioned your children smell?
l. Do teachers see your children as clean and well cared for?
m. Have there been any problems in day care?
n. If the children are having behavioral problems, have you gotten professionals such as therapists involved with the family?
These are the types of questions you must ask yourself. If you present well and your honest answers to these questions is that there are no concerns, you may wish to write the Society and "decline" their assistance at present. However, do fix whatever problems the Society expressed concern about.
Do NOT speak to the Society without your lawyer.
My spouse is very anti-Society and I'm afraid; what do I do?
Most clients of the Society were born with attitude. They hate the Society and they hate the Society worker beyond words. If this describes you or your spouse, you must radically adjust your attitudes or kiss your children goodbye.
A bad attitude works against you, and most importantly against your children, at every level. Your kids are your primary concern; what you do not want is for them to have the horrible experiences you rail at the Society for. If you want to keep your children follow these rules:
a. Co-operate with the Society.
b. Make friends with the worker.
c. Do not ask for a new worker.
d. Do not complain about the worker to her supervisor.
e. Stop any behaviors that may cause bad notes to go into your file immediately.
f. Sign up for every course recommended to you by the Society.
g. Attend every session of all courses
h. When asked you are thrilled about every course, the Society and your worker.
If you are thinking "I am not going to suck up to the Society" think twice. The question should be "How much do I love my children, how badly do I want to keep them and how hard will I work for that?"
All in all, MIND YOUR MOUTH. How much do you want your children returned to you? You should be using your mouth to give the worker a comfort level with you. If you do criticize the worker or alienate her, your children will suffer.
If you call the Society and complain about her, it will go in your file and she will find out. If you complain to her supervisor or request a new worker, it will get back to her AND it will make it that much harder for your lawyer to negotiate your child back. The worker has an unbelievable amount of say in what happens to your child. How badly do you want your child returned?
What behaviours should I most avoid to prevent bad documentation from the Society worker?
a. Letting your house fall into disarray. What does the worker see when she visits your home? When you become overwhelmed, worried, or depressed you may let your home fall apart. You can lose your sense of organization, prioritize improperly and before you know it the beds aren't made, the laundry and dishes aren't done, food wrappers, toys, and clothes lay haphazardly about the house. In other words, your home has become a pigsty, filthy and cluttered. Often the case worker concerns begin with basic living arrangements, but if they find your home unclean or chaotic, your problems have just gotten that much bigger.
In most cities there are organizations that will tackle this sort of problem at no cost to you. Try the Salvation Army; they target their services at the same group of people society does, they have no gag reflex and no burning agenda contrary to your interest.
They will sometimes get involved in helping you to get your home cleaned up and provide basic instructions from the Sally Anne on keeping it clean. Keep Lysol or Pine-sol on hand so that your home not only looks clean but smells clean when the worker comes calling.
b. Avoid letting cooking odours overwhelm your worker.
If you are a first generation immigrant you may have cooking or cultural inputs that affect the odour of your home.
If your home smells `non-western' to a young (read inexperienced) worker, take care to explain these odours are common in your culture. You are not attempting to educate the worker, but rather to win them over to your side.
c. Allow your children to sleep on the floor.
The worker will need to see adequate bedding for your children. Community groups can help with this as well as with books and toys. There are many used furniture resources. However, you make it happen, you must deal with this. If the Society has placed photos of your residence before the court, you must counter with sufficient after pictures through your lawyer. It is not fatal to your case and demonstrates you can take instruction.
d. Let your children go without a bath.
Poverty smells, but that is no excuse. A fair number of Society clients smell, so don't assume that your children do not. If your house smells, garments and children smell. Every time your worker visits they smell the odour and are subconsciously influenced by it. A little soap and water goes a long way and make sure clothes are clean and fresh as well.
e. Let your children appear in dirty, worn or too-small clothing.
Get your children cleaned up and properly clothed. Shop the Sally Anne and thrift stores. Tap resources like a church group to help provide clothing and some emotional support. If you plan to argue with the Society you must get your own support group; becoming involved with church groups in your area can alleviate many of your worries. Church groups may have a religious agenda but they are far less intrusive than the Society.
Getting your children to look presentable can be a chore, but presentable kids are important in swinging the worker over to your side.
Shouldn't my CAS worker be working on my side; I assumed they want what is best for my children?
We have met many CAS workers who deserve medals for the wonders they have wrought. When a good worker throws herself (most workers are women) into a case, she can occasionally turn an entire family around. This is no mean feat. However, not all workers are upstanding or dedicated. To some their job is just that, a job. You may occasionally meet some workers, not many, who will "adjust" their court testimony to advance the Society's case for a variety of reason and must be cautious at all times
Will the CAS lawyer be fair? As for the lawyers who represent the Society, we have found them to be above board, honest and diligent; but generally not sympathetic. They are, for the most part, well paid and focused. If they make promises to you, they are likely to keep those promises, but remember they work for and take instructions from, the Society.
Won't my judge see that I am good for my children and do the right thing?
Judges are trained to be objective and strive to remains so. However, the longer a judge sits as a judge, hearing messy CAS cases, the greater the chances of that judge making an error.
At some point, the judge will return a child to parents who have presented themselves well, but who have serious problems. A tragedy will ensue; perhaps a child will die or be seriously maimed at the hands of this parent. That judge must live with the fact that he or she returned a child and the child suffered grievous harm. That decision may shape his or her decisions for years to come, intentionally or not.
As you work toward getting you case resolved, we would like you to keep this saying among old lawyers in mind:
"Usually, the easiest way to get along with the society, is to do what they want." (anon.)
1. If you are a parent in a court case against Children’s Aid Society, we strongly recommend that you retain an experienced family law lawyer or Irving Solnik to represent you at the first possible opportunity;
2. This site is designed only to acquaint parents with a few (and only a few) of the steps and issues in Children’s Aid cases. It is not intended as legal advice on any specific case. Once again, please retain the services of an experienced lawyer at the Law Offices of Irving Solnik PC as soon as possible. Let us represent you.
Call 416-222-8509 or (800) 557-0678 toll free until 10 pm evenings and weekends too
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