If you are not a current client of Giffen LLP, please do not include any information in this email that you or someone else considers confidential. You do not become a client of Giffen LLP until Giffen LLP agrees to act for you and confirms representation in writing. Until that time, what you send us cannot be protected by solicitor-client privilege.

  News  

 

Role of the Office of the Children's Lawyer in child custody disputes

 

Read family law lawyer and Giffen LLP Lawyers partner Lorrie Stojni's latest AdvocateDaily.com interview about the role of the Office of the Children's Lawyer (OCL) in child custody disputes, by clicking this link.

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Giffen LLP Lawyers Supports the Food Bank of Waterloo Region

Giffen LLP Lawyers continues to support the Food Bank of Waterloo Region, and would like to remind everyone that during the summer months, food donations are at their lowest, yet the need of our neighbours in the region remains constant.  Please consider making a donation of any size to our local Food Bank, by visiting its website, here.

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Giffen LLP Lawyers welcomes new associate, Laura Smith

 

Giffen LLP Lawyers is pleased to welcome back Laura Smith to the firm. Laura articled with Giffen LLP in 2017-18, and returns as an associate lawyer practicing in the areas of family law and civil litigation.  Laura was born and raised in Waterloo, and has a B.A. (Hons.) from Queen's University and joint Canadian and American law degrees from Windsor University and and Detroit Mercy Law.

 

Read Laura's bio on her page, here.

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Social media posts can be used as ammunition in family law disputes

 

Spouses involved in family law disputes should beware: online social media posts can be used as evidence in court.  Read the AdvocatesDaily interview with Giffen LLP Lawyers partner and family law lawyer, Lorrie Stojni, here.

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

J. Peter Giffen, Q.C.: 1936-2018

J. Peter Giffen, Q.C.

 

 

The partners and staff at Giffen LLP Lawyers regret to announce the passing of the firm's founder, J. Peter Giffen, Q.C., on June 14, 2018 after a brief illness.

 

Peter practiced law from his call to the Ontario Bar in 1963 until his retirement in 2006.  During his long career, Peter was appointed Queen's Counsel in 1975 and was certified and re-certified by the Law Society as a specialist in civil litigation.  He had an extensive civil litigation practice, and we are pleased to continue to represent many of Peter's former clients.

 

We thank Peter for founding our firm and the high bar that he set for all of us at the firm which bears his name.  We extend our condolences to Peter's wife Kathyrn, children, and grandchildren.

 

Please note: The firm will be closing early, at 2:00 p.m., on the afternoon of Wednesday, June 27th, 2018 in honour and memory of Peter.  A celebration of Peter's life will be held at the Charcoal Steakhouse, 2980 King St. E., Kitchener from 4:00 p.m. to 7:00 p.m.

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Anniversary Celebrations

 

Congratulations to three of our awesome support staff, Margy, Vicki and Brenda - celebrating 15 years (Margy and Vicki) and Brenda (30 years!) at Giffen LLP Lawyers.  Special thanks from Don, Graham and Phil for all your efforts over the years.

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Giffen LLP Lawyers - Supporting Heart and Stroke

 

Giffen LLP lawyers supporting Heart and Stroke at Dundee.  Shout out to GolfNorth Properties Inc. for hosting the event!

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Grandparents getting more involved in access disputes

 

Grandparents are asserting their rights to see their grandchildren more frequently in often-difficult family circumstances, says Kitchener family lawyer and Giffen LLP Lawyers partner Lorrie Stojni.

 

Read Lori's interview with on AdvocateDaily.com here.

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Temporarily Laid Off? You may have been terminated.

 

By: Greg A. Carr

 

One of the most common misunderstandings amongst employers and employees alike, involves an employer’s right to impose a temporary layoff on an employee.  It is not uncommon for an employer to impose a temporary layoff, and for an employee to accept that temporary layoff, on the common misunderstanding that the employer had that right.  In actuality, that employee may have been terminated and would be entitled to damages for wrongful dismissal.

 

Temporary layoffs are referenced in the Employment Standards Act, 2000 (the “ESA”), where it defines a temporary layoff in two ways:

 

a lay-off of not more than 13 weeks in any period of 20 consecutive weeks, or;

a lay-off of more than 13 weeks in a period of 20 weeks, if the lay-off is less than 35 weeks in any period of 52 weeks, where certain conditions are followed by the employer.

 

The ESA further provides that an employer will have terminated an employee if the employer has laid off the employee for a period longer than the period of a temporary layoff, as referenced above.

 

Importantly, the ESA does not provide an employer with the right to impose a temporary layoff on an employee.

 

In the 1997 Ontario Court of Appeal decision of Stolze v Ontario (Adjudicator appointed under the Employment Standards Act), the Court held that in the absence of evidence of a policy or practice within the employer company of temporarily laying off employees, the layoff of the plaintiff constituted termination of that employee, entitling them to damages for wrongful dismissal.

 

Since Stolze, Ontario courts have consistently held that the imposition of a layoff, where there is no express or implied term in the employment contract permitting such a layoff, repudiates a fundamental term of the employment contract.  The effect is that on the day that the temporary layoff was imposed, that employee is deemed to have been terminated.  An employer does not have the right to impose layoffs, absent a contractual term providing that right.

 

Employees who have been placed on a temporary layoff should consult the expertise of an employment lawyer to canvass their rights in the circumstances.  While employers would be well-advised to include a clause in all standard employment agreements providing for the imposition of a temporary layoff, should the need ever arise.

 

If you require advice on an employment matter or any other legal issue, the experienced team of lawyers at Giffen LLP would be happy to meet with you to discuss your matter and determine how we can best assist you moving forward. 

Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Welcome, Amanda Geiger!

 

Giffen Lawyers LLP welcomes Amanda Geiger as an articling student. Originally from Waterdown, Amanda has a B.A.(Hons.) from the University of Waterloo and received her Juris Doctor from Dalhousie Unversity. Great to have you with us, Amanda! 

add a comment
Subscribe to this Blog Like on Facebook Tweet this! Share on Google+ Share on LinkedIn

Contributors

Giffen Lawyers
10
August 10, 2018
show Giffen's posts

Latest Posts

Show All Recent Posts

Archive

Tags

Everything Employment Law Civil Litigation Family Law Real Estate Law Business Law