
Butter Torts: A Truly Canadian Legal Podcast
90 episodes — Page 2 of 2

Episode 039: Celebrating Diversity: Parenting in the Disability Community with Dana Geall
Brenda Agnew, your host, welcomes Dana Geall to today's episode. She is the author of See Me for Me. See Me for Me is inspired by her triplets, Taylor, Cole, and Brody, who were born prematurely, and as a result, have cerebral palsy. All three children use wheelchairs and live full and happy lives. Although the children face tremendous challenges, they share a positive attitude and great personalities. Taylor, Cole, and Brody teach us every day to look beyond our differences and see people for who they truly are. Key Takeaways: [3:12] Dana has five children, three of whom are triplets with cerebral palsy. [7:30] Brenda shares about her son's best friend, who exemplifies inclusion and diversity in the best way possible. [8:39] Dana talks about her book and her children. [12:20] Dana explains why the worst thing you can do is prevent your child from looking at "the one in the wheelchair". [14:30] Dana shares her motivation for writing the book. [15:50] Brenda talks about the importance of "Nothing about us, without us" and how it applies to Dana's book. [20:08] Dana talks about her goal for the book. [21:15] Dana offers a glossary of terms used in the book that anyone can find on her website. [23:03] Adults can learn a lot from reading See Me For Me. [26:49] Acknowledging differences is important but also going back to the similarities. [29:27] Special needs kids are just like any other kids, they need to have a sense of belonging and they want you to see them for who they are. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Dana Geall Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 038: What Is Product Liability? With Brenda Agnew and Jordan Assaraf
Brenda Agnew and Jordan Assaraf are hosting the first episode of 2022 to talk about product liability, explaining its meaning and applications. They discuss claims under negligence in tort for product liability, specifically the type of claims that can be made: negligence in manufacture, negligence in design, or a failure to work. Today Brenda and Jordan are focusing on those products that have failed and as a result, have caused injury or harm to somebody or to a group of people. Key Takeaways: [3:45] What is product liability? [5:09] What are the statutes that govern product liability? [5:58] What does it mean when a product causes harm to someone? [7:37] How do you prove that someone was injured by the product? [9:21] Jordan uses an example to explain a case on product liability. [13:45] Jordan shares the case of a drug to explain the claim referred to as failure to work. [16:48] What is the first step when someone is claiming that a drug has failed to work or has damaged a person? [19:55] Jordan gives details about the case of Soda Stream. [22:30] What does a claim look like for a household machine that has failed to work? [24:30] Brenda and Jordan talk about the popular case of the woman who got burnt by a coffee from McDonald's. [27:30] How do you get prepared to state a claim of product liability? [32:26] Sometimes it is not about starting a claim but really warning the manufacturer about their product to avoid more people getting hurt. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Brenda Agnew and Jordan Assaraf Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 037: Special Needs Children Transitioning to Adulthood with Teresa
Brenda Agnew is accompanied to today's episode by Teresa, another warrior mom who Brenda met a number of years ago. Teresa is a mom to twins Jessica and Alex, who are now 18 years old. They discuss the particular phase when children with special needs transition to adulthood. Teresa shares how having more knowledge helped her in her role as a parent and an advocate for her children dealing with a complicated and confusing system. Key Takeaways: [4:43] Teresa talks about her twins, Jessica and Alex. [8:23] There is a different time for every parent to make certain life choices. [11:20] Full inclusion does not work for everybody. [15:55] Special education needs students to help with transitioning to what will come after. [17:16] Teresa's children are in 13th grade. [18:03] Teresa shares how her children transitioned to high school. [22:38] Brenda talks about a case where transitioning failed. [23:42] Teresa shares one of the best reasons she has been advocating for so long. [25:47] ACSD (Assistance for Children with Severe Disabilities) flips to ODSP (Ontario Disability Support Program) as well as Special Services at Home flips to Passport Funding. [29:51] Determining the level of disability is important for this transition. [31:03] Brenda shares why she does not want a Psycho-Educational assessment done on her son at this point in his life. [32:40] Teresa shares her experience of an 8hs assessment through the computer. [34:20] Teresa talks about the exceptions. [36:16] ODSP gives a maximum of $1100 a month. [37:01] They do not cover therapy after 18 years old or 21 if they are still studying. [40:27] If you manage to transition your child into adult care, is the adult support system the same as in a pediatric setting? [43:16] Our healthcare system is reactive, everything preventive is out on the patient. [46:29] Brenda talks about how she deals with her son's gastrointestinal issues and her fears in regards to the help he will receive after turning 18 years old. [50:35] Teresa will also become the caregiver for her mother. [51:15] There is a 3-4 year waitlist for the DSO Passport Funding. [58:06] Teresa would very much like to change the system while she is going through the process. [1:01:52] Teresa and Brenda agree that the reality is that their children will do better at home than institutionalized. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Teresa Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 036: Medchart: Improving Access and Insights for Health Information
Brenda Agnew and Charles Gluckstein, your hosts, welcome two guests from Medchart, Anand Ablack, Vice President of Business Development of Legal, and Filip Sierpinski, Director of Sales. They share the services that Medchart provides in their aim of building the future of Health Care by facilitating access to health information from any facility located in Canada and, also now, in the US. Key Takeaways: [1:48] Anand shares how he got into legal technology. [2:59] Filip talks about how he got to Medchart. [4:29] Charles explains how he got to know Medchart. [5:33] What is the vision and solution that Medchart provides? [9:06] How did Filip engage with the institution side? [11:07] Filip talks about the extent of their work at Medchart. [13:47] Brenda asks about Medchart access to children's treatment centers. [14:57] The laws are in favor of Medchart, that is why all treatment centers agree to release their files when clients request them. [15:44] Anand and Filip speak about the issue of clients' authorization. [18:28] Medchart work is dedicated also to integrating with legal platforms and software. [21:54] How did Medchart break into the legal services area? [25:00] What does the future look like for Medchart? [29:58] Anand talks about pre-qualifications for mass torts. [31:57] Clients are getting digitized by MyChart, how is Medchart adapting to this? Is it the same in Canada and in the US? [34:59] Where is AI going? [39:10] This or that fire questions with Anand and Filip. [42:07] Filip and Anand share their favorite meals. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Anand Ablack and Filip Sierpinski Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 035: Long Haul COVID and Long Term Disability Claims with Charles Gluckstein and Steve Rastin
Brenda Agnew, your host, is accompanied by Charles Gluckstein and Steve Rastin to have a conversation about long haul COVID and Long Term Disability (LTD) Claims. They dive deep into the meaning of post-COVID syndrome and how the legal community is assessing this very new challenge that many people are suffering from. They also talk about the different coverages of Long Term Disability policies and extend their advice to people affected by long-haul Covid symptoms. Key Takeaways: [1:48] Steve explains the meaning of the term long haul COVID or post-COVID syndrome. [3:40] What kind of symptoms do people suffering from post-COVID syndrome have? [6:26] Steve talks about the difference between long-haul COVID in people vaccinated and the ones who did not. [8:07] A lot of people didn't get tested for COVID but had it and then developed post-COVID syndrome, not having proof they had COVID in the first place. [10:43] What about people with preexisting conditions prior to contract COVID? [13:40] Proving it has been an issue for the majority of patients suffering from post-COVID syndrome. [15:21] Steve speaks about the anatomy of a case of post-COVID syndrome. [19:27] Steve talks about the benefits of acquiring different LTD policies. [23:29] What should people suffering from long haul COVID do? [25:01] Younger people are suffering more from post-COVID syndrome. [25:45] Steve talks about the insurance aspect of long-haul COVID. [27:56] You don't even qualify for an LTD claim until four to six months after you recover from COVID symptoms. [29:12] What are employers supposed to do with someone who is in the elimination period? Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Charles Gluckstein and Steve Rastin Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 034: Equity, Diversity, and Inclusion with Jessica Golosky and Kavinah Ravinthiran
Brenda Agnew and Jordan Assaraf, your hosts, welcome Jessica Golosky and Kavinah Ravinthiran to today's episode, to discuss equity, diversity, and inclusion and what they look like at Gluckstein Lawyers, in general in the legal community, and on a personal level. They address topics like the experience of immigrants dealing with different cultural backgrounds, language barriers, and even different perceptions of pain and symptoms. This conversation aims to bring more awareness and actionable steps to promote equity, diversity, and inclusion not only in the legal field but also from a personal point of view. Key Takeaways: [2:36] Kavinah speaks about her experience as belonging to a minority in the legal field. [3:52] Kavinah talks about some of the challenges with respect to equity, diversity, and inclusion in the work that she does with some of her clients. [6:40] Brenda shares the case of a particular family of clients who were immigrants from the Philippines and even when they felt something was not right they did not want to challenge the Canadian Health System. [8:22] Jordan highlights the importance of the language barrier and different cultural backgrounds. [10:24] Kavinah shares the different perceptions of pain and symptoms that are entangled in different cultures. [13:33] Are some particular injuries or diagnoses more specific to a certain demographic or population? [17:14] No one should be denied proper legal representation based on their background or ethnicity. [18:27] Treating everybody equitably is not to treat everybody in the same way. [19:14] Brenda shares an example of her son related to inclusion and equity. [22:20] We need to learn to ask more and better questions and start conversations about different causes. [25:05] What can be done in the legal community to bring more awareness about the challenges in regards to equity, inclusion, and diversity? [27:58] What can Gluckstein Lawyers do as a firm in the legal community to have a bigger impact in the field of diversity, inclusion, and equity? [30:56] Stop judging and assuming! [32:28] Lack of awareness and exposure are the beginning of the problem. [34:55] What is happening in the big picture in the legal world with respect to diversity, inclusion, and equity? [36:28] Jordan talks about the impact of COVID in the legal community and how it simplified access to justice. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Jessica Golosky and Kavinah Ravinthiran Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 033: The Future of Gluckstein Lawyers with Charles Gluckstein
Brenda Agnew and Jordan Assaraf, your hosts, are joined by Charles Gluckstein. In today's episode, they are discussing the future of Gluckstein Lawyers and how ultimately the clients remain the key. Today Charles details Gluckstein's story, from its origins in 1962 to the digitalization of all files, as well as what awaits in a future ruled by technology innovations. Key Takeaways: [4:31] Gluckstein Lawyers started in 1962 as a firm. [6:34] Charles came into practice in the late '90s. [9:57] Charles talks about how he transitioned from paper to digital. [16:13] What is next in the future of Gluckstein Lawyers? [21:40] Where does Charles see the courts moving with technology in the future? [25:25] How easy is it to use the technology that Gluckstein Lawyers have in relation to what the E-Task Force Guidelines set in terms of filing documents with the courts? [28:50] What are the benefits of digitalization for clients? [33:37] Charles talks about the client portal. [38:10] Jordan shares his perspective using this new technology. [42:10] Artificial Intelligence is around the corner. [45:37] Will AI promote more people to be self-advocates? [47:12] Charles talks about robot judges and human bias. [52:54] Charles shares what is next in terms of technology. [56:22] What are the topics Charles checks every morning on his devices? Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Charles Gluckstein Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 032: Practice and Parenting in Times of Pandemic with Brenda Agnew, Jan
Brenda Agnew, Jan Marin, and Jonathan Burton welcome you to another episode of Butter Torts: A Truly Canadian Legal Podcast. In today's episode, they are having a free-flowing conversation about a webinar in which Jan was involved that was all about practice and parenting. This past year and a half we have all been struck by the pandemic which imposed many challenges on our daily lives with children at home and adults trying to maintain a constant flow for work. This very helpful webinar went deep into the struggles and provided several coping mechanisms and psychological advice to deal with the "new normal" that we have all seen ourselves immersed in. Key Takeaways: [2:20] Jan talks about the motivation for this webinar's topic. [3:30] Jonathan shares his perspective on the pandemic and how it influenced parenting. [6:10] Is it really a privilege to work from home? [8:46] Jonathan talks about a paper that he wrote about adapting to a remote practice of law. [13:08] Jan shares an anecdote of her working during the pandemic. [14:49] Is it supposed to be this difficult to parent? [17:28] Jonathan talks about one of the biggest challenges in working from home: the transition time between work and home is not there. [20:40] Brenda talks about her experience working at home vs going to the office. [25:01] A hybrid communication and work system seems to be the best solution. [28:53] Jan talks about the risks of hiring a new nanny during the pandemic. [31:46] Jonathan shares about active parenting during the pandemic. [33:08] Jonathan refers to screen time for children (and adults) during the pandemic. [34:40] Giving each other grace has been a great thing during the pandemic. [38:30] Jonathan talks about how comparing yourself only damages instead of encouraging you to improve. [40:05] Jonathan suggests people to stay away from social media. [42:33] Lawyers (such as everybody else) should reach out for help if needed. [44:19] Situational depression doesn't make it any less serious. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Brenda Agnew, Jan Marin, and Jonathan Burton. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 031 Causation Simplified with Richard Halpern
Brenda Agnew and Jan Marin are hosting today's episode of Butter Torts, A Truly Canadian Legal Podcast. They welcome Richard Halpern as their guest, to talk about causation. In his paper Causation on Trial, Richard states: "...It is decidedly too ambitious, and assuredly futile, to attempt to craft a flawless paradigm for addressing causation in all scenarios. After all, for decades and longer, every academic and every court that has set out to tackle the matter has failed in the endeavor. Indeed, these failed attempts have actually contributed more to the confusion and uncertainty surrounding causation than they have in resolving it…" In this episode, Richard redefines the meaning of the legal test for causation and clarifies the subject of how to apply that test in challenging factual scenarios. Key Takeaways: [2:02] What is causation and why is it important to clients? [4:35] What are the tests for causation? [5:15] Richard explains why there is only one test for causation. [5:49] Why is there so much said about Material Contribution to Risk? [8:12] Richard shares an example of causation. [11:30] What is the follow-up for Material Contribution? Richard shares the example of the 200-case. [13:14] In cases of medical malpractice there are always many professionals involved and the lawyer needs to identify who caused the harm. [13:55] Richard talks about the Ontario Court of Appeal Case Sacks vs Ross and how it exemplifies the matter of causation. [16:51] What does counterfactual mean? [18:32] What is the But-For Test about? [21:57] Richard talks about the two liability questions that need to be proved. [24:03] Richard exemplifies what it looks like when But-For and Counterfactual are removed from the vocabulary used with the client. [25:48] Richard proposed to change the way things have been done so far. [29:46] Richard addresses a common misunderstanding when it comes to causation. [30:48] Richard extends his suggestions to get back to basics and start fresh. [35:27] What are the benefits of approaching causation differently in terms of the outcome for the client? [37:25] What is the role of clients who were affected by the current ways of treating causation in promoting a change in this matter? [38:52] Richard talks about Clements vs Clements. [42:40] Richard shares on the Loss of Chance and its relationship with the causal perspective. [45:05] Richard explains why people should download and read his paper on causation. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Richard Halpern Causation on Trial: A Call For Change In How We Think About Causation In Tort, by Richard Halpern Necessity Efficiency in the Calls of Questions, Richard Halpern Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 030: COVID Restrictions: The Struggle of Parents Separated From Their Children with Pamela Libralesso
Brenda Agnew, your host, welcomes Pamela Libralesso to today's episode of Butter Torts: A Truly Canadian Legal Podcast. Pamela has a son, Joey, who has an intellectual disability, isn't verbal, and requires 24/7 care. Joey resides in a group home 2km away from their parent's house and has always been visited and taken home on weekends until the pandemic hit. Pamela shares everything that she and her husband have gone through over the last year and a half in regards to the restrictions about visitation due to the COVID pandemic. Key Takeaways: [3:47] Pamela talks about the difficulty of explaining to her son what was going on with the pandemic, the only thing he knew was that he couldn't see his parents. [5:24] Pamela needed to find who the person was that was preventing her son from having access to her. [7:45] August 30th was the day they were able to see their son again for the first time since March. [8:40] PTSD is real, Pamela shares the flashback and anguish she still feels. [12:30] Brenda talks about the feeling of helplessness as a caregiver when a child who can't fully comprehend, is distanced from their parents [14:30] Pamela shares how she and her husband had several breakdowns during their time away from their son. [17:01] Pamela talks about all the risks that were not addressed while setting protocols and regulations for the pandemic. [18:02] Pamela shares how Joey expressed his feelings while not being able to see his parents. [19:30] The trust has been broken between MCCSS, its agencies, families, and residents. [20:58] The lack of support was so prevalent during the pandemic. [23:35] The pandemic caused a complete reversal of the rights that institutionalized people fought for decades. [24:32] MCCSS, after 18 months of the pandemic, still doesn't consider families as essential caregivers. [25:14] Children should not be prevented from seeing their parents. [28:34] The "options" offered to parents were not reasonable or sensitive to the children's needs. [32:00] Pamela talks about the awkward visitation conditions they were offered to be able to see their son. [36:40] Pamela shares the current state of the matter for families struggling to see their children. [41:40] Pamela asks herself what will happen when Joey is no longer under 18. [45:23] Parents are essential caregivers, that is common sense. [50:05] Pamela gives advice to parents in the same situation. [56:30] Reach out to Family Alliance Ontario. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Pamela Libralesso's fight to see her son. Ontario Families at Group Home Residences Ontario Human Rights Commission Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 029: A Mother, an Advocate with Susan Haas
Brenda Agnew, your host, is accompanied by Susan Haas to today's episode of Butter Torts: A Truly Canadian Legal Podcast. Even though Susan and Brenda never met in person, they know each other profoundly since they both have children with Kernicterus and they have been companions in navigating this journey. Susan shares in today's episode about her daughter Lexi and the amazing book they wrote together with the aim of educating (and entertaining) people about the lives of children with special needs. Key Takeaways: [2:05] What are vacations like for Susan? [3:20] Brenda shares her perspective in regards to camping with her family. [7:46] Susan talks about her daughter, Lexi. [12:18] Lexi has an IQ of 160 but is completely trapped in her body. [15:43] Susan and Lexi wrote a book called The Year of the Buttered Cat: A mostly true story [17:08] Who decided to write the book? [21:20] Lexi's book aims to educate a generation. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. The Year of the Buttered Cat: A mostly true story, Susan Haas and Lexi Haas. Follow Lexi Haas on Facebook Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 028: The Role of a Law Clerk: An Indispensable Part of Full-Circle Care with Barb Andrews
Brenda Agnew and Jordan Assaraf, your hosts, welcome you to another episode of Butter Torts: A Truly Canadian Legal Podcast. They are accompanied by Barb Andrews to today's episode. Barb has been with Gluckstein Lawyers since 2001 working within the accident benefits department advocating for client's benefits. Barb has 18 years of experience administering Personal Injury claims. She is a licensed paralegal with the Law Society of Ontario. In September 2015, Barb was honored with the OTLA Distinguished Law Clerk Award which is awarded to a senior law clerk who has consistently exemplified the mission of the organization. Barb is involved in various volunteer programs with the Native Canadian community and also conducts motivational seminars and speeches. In 2018, Barb was the recipient of the Hilda Goulding Award. Barb is presently attending Ryerson University on a part-time basis within the Occupational Health and Safety Management Degree Program. She graduated from the University of Toronto, Theology Degree Program in 2012 and is an ordained Minister. Key Takeaways: [2:30] Barb is an amazing cook and she shares some of her expertise in this field with the audience. [3:33] Barb got a beautiful rescue dog named Sweet Pea and she talks about the current state of dogs, cats, and bunnies that are waiting for adoption. [9:36] How did Barb get to Gluckstein? [16:55] Barb talks about what full-circle care is about sharing the story of a client who needed company in his last days of life. [23:40] What is the role of a Law Clerk? [27:20] Get to know your client! [31:00] The whole team is needed to provide full-circle care for clients. [33:03] Barb talks about her involvement in the works with the communities. [37:20] Barb rides a motorcycle and she shares her passion with the audience. [41:07] Barb is also a member of a sailing club (even though she doesn't sail, gets seasick, and does not own a boat). [41:57] Barb is a minister, and she shares where this passion comes from. [45:20] Barb shares her love for country life. [45:52] Barb talks about her work as a bodyguard for about 20 years. [50:45] Barb explains why she embraces diversity as she does. [54:05] "This or that" questions. [58:36] Barb shares her favorite recipe. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Barb Andrews Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 027: Armstrong vs Royal Victoria Hospital with Jan Marin
Brenda Agnew, your host, welcomes Jan Marin to today's episode. Jan and Ryan Breedon recently conducted the case of Amstrong vs. the Royal Victoria Hospital that went to the Supreme Court of Canada. Listen to this episode where Jan shares the details of this case, the legal journey that took it so far, and what that means for the analysis of standard care and causation for other similar cases in the future. Key Takeaways: [1:57] Jan talks about how the case of Armstrong vs Dr. Ward (a surgeon at the Royal Victoria Hospital) started. [12:55] Surgical cases are rarely easy. [20:02] Jan shares the experts' statements and how the surgeon's malpractice was proved. [24.18] They received a notice of appeal. [27:04] You can hold a physician to a standard of perfection. [31:22] Jan finds out they allowed the appeal, a heart-sinking moment. [35:54] 90% of civil case appeals are refused by the Supreme Court. [42:27] Jan shares the moment she started investigating if there was an element of proficiency required in the case. [43:55] Going to the Supreme Court in the middle of a pandemic. [49:04] You can't change your strategy on appeal. [50:43] What is the impact that Amstrong vs Royal Victoria Hospital will have on other similar cases? [52:50] This case can be important for other tort matters, not just medical malpractice. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Armstrong vs Royal Victoria Hospital Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 026: A Community for Caregivers: Connections, Support and Advocacy with Kim McLeod
Brenda Agnew, your host, is joined by Kim McLeod, child and youth counselor. When working with Kim, parents find two opportunities in developing their parenting skills: the personal work, and the functional work, focusing on how they can show up to parent their child throughout their development. Her work is based on years of experience working through foster care with children and their biological families, adoptive families, and the blending that occurs in family makeup. Kim's work also has a specialty in supporting the mothers of children who have special needs and medically complex needs. With this group of parents, she works on advocacy: finding the voice and self-compassion. Key Takeaways: [2:08] How Brenda met Kim. [2:23] Kim talks about One More Thing Parents Group (OMT) [8:38] Where are you going to find community? [11:12] What supports? [13:10] Homecare givers save the health system millions of dollars. [15:05] Let's talk about the mental health struggles. [19:50] The difference between a typical parental duty and the real life of a caregiver. [23:06] What are the costs for children that need different support in place to learn life skills and to become autonomous beings? [24:45] Brenda and Kim talk about OMT's mission of helping parents become the best advocates for their children's health. [26:13] Kim talks about an example of a woman that brought the issue of the lack of proper changing tables to the OMT community. [31:50] OMT is a community where anyone can find people that will stand up for them and have their back. [34:39] There are lots of benefits of having a united message. [35:50] Kim talks about how OMT impacted her after the death of Kevin, her son. [38:32] There is a compassion statement that everyone needs to sign before entering the group. [41:05] There is great power in groups formed by parents for parents. [50:40] Facebook groups can be the beginning of great friendships. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Parenting Connections and One More Thing Parents Group Learn more about Kim McLeod at GrandmaK.ca Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 025: Birth Injury Law: A Critique to 2020 Clinical Practice Guidelines #396
Brenda Agnew and Charles Gluckstein, your hosts are welcoming Richard Halpern to today's episode. This episode is dedicated to having a discussion about the critique Richard Halpern recently did about the 2020 Clinical Practice Guidelines number 396 by the Society of Obstetrician and Gynecologists of Canada and the impact it has on legal cases. The SOGC is one of Canada's oldest national specialty organizations. Established in 1944, the Society's mission is to promote excellence in the practice of obstetrics and gynecology and to advance the health of women through leadership, advocacy, collaboration, and education. The SOGC has over 4,000 members, comprised of obstetricians, gynecologists, family physicians, nurses, midwives, and allied health professionals working in the field of sexual reproductive health. Key Takeaways: [2:08] Gluckstein has always shown interest and represented victims of birth injury cases. [3:55] Why the SOGC group set guidelines and why they are relative to legal cases. [5:38] Is the SOGC 396 guideline updating a previous one? [6:55] Why is the SOGC doing this review? [8:30] How should this guideline be used by lawyers? [10:41] Richard explains the process it took for him to write the critique. [12:13] Richard talks about the difference between the American and Canadian Guidelines. [13:47] What is fetal health surveillance? [16:54] Richard talks about the limited amount of data about the fetal heart rate that can be registered. [20:50] This guideline perpetuates the misunderstanding about the data that doctors are relying on. [22:18] Richard provides an example. [25:27] Every guideline says that with augmentation or reduction of oxytocin you must have continuous EFM, but why is it this way? What is the logic behind it? [26:14] EFM markers determine the baby's stress and then something needs to be done about it. [26:55] How does the guideline update the uterine activity? [30:05] The guideline captures too many things under one definition in regards to uterine contractions. [32:54] What is the motivation to be so imprecise in this guideline? [33:35] What does the guideline say to do in the event that it is tachysystole? [36:53] How do you resuscitate if there is no oxytocin in the picture? [38:27] Does this guideline update the issues of dealing with tachysystole and resuscitation? [38:47] Richard explains some of the fetal heart rate baseline terminology. [42:07] Richard talks about the subtle change between the old and the new guideline. [44:50] Richard shares his two major critiques on the guideline. [48:33] Richard gives an example of how a lawyer's case could be affected by the guideline's way of understanding causation. [51:46] The SOGC guideline on causation is incorrect. [52:49] The impact of this guideline on babies and mothers. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Richard Halpern Learn more about The Society of Obstetrician and Gynecologists of Canada No. 396-Fetal Health Surveillance: Intrapartum Consensus Guideline Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 024: Pediatric Stroke: A Mother's Journey Becoming the Best Health Advocate for Her Child
Brenda Agnew, your host, welcomes Rebecca and Nadine, two moms that Brenda met in a project for Achieving Beyond Brain Injury Charitable Foundation. They are both examples of resilience and advocacy, and in today's episode, they are sharing their stories. Nadine and Rebecca are mothers of children who survived a brain injury and after struggling to get the right diagnosis and treatments for their kids, they managed to make the tragedy into an opportunity to create awareness, take action, help others, and build crucial bonds with families going through similar situations. Key Takeaways: [1:52] Rebecca tells the story of her son, Owen. [8:56] How did the coach realize it was a stroke? [11:51] Nadine shares the story of her son, Andrew. [25:07] You don't realize how strong your kids are until you watch them fight for their lives. [25:53] Rebecca talks about how she met Nadine. [27:48] Brenda shares how her son got diagnosed. [29:10] Nadine and Rebecca talk about the need for support from someone that can relate to their grief. [33:21] The assistance parents give each other is the most valuable. [37:50] The struggles of a child and young teenager going through recovering from a brain injury. [41:04] The most terrifying thought: Is this going to happen again? [43:49] Nadine and Rebecca talk about Achieving Beyond Brain Injury Charitable Foundation. [45:56] Creating awareness of the signs and symptoms of a pediatric stroke. [50:34] Nadine shares about the scholarships for brain injury survivors. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Achieving Beyond Brain Injury Charitable Foundation Donate to Achieve Beyond Brain Injury Charitable Foundation Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 023: Technology in the Legal World: Pre and Post COVID with Dr. Cain Elliott and Brock Chambers
Brenda Agnew and Charles Gluckstein are your hosts for today's episode and they are welcoming Dr. Cain Elliott, Vice President of Industry Expansion, and Brock Chambers, who works in strategic partnership at Filevine, to talk about the role of technology in the legal world, the impact COVID 19 had in legal processes, how Filevine is helping their clients to face the pandemic, and what are their predictions for the "new normal". Key Takeaways: [3:15] Technology in the pre-COVID era. [7:05] Were lawyers prepared to work remotely? [9:15] What does Filevine do with the customers that are in the mix of migrating their data? [11:45] What happened to the companies that were reluctant to adapt to the change? [13:23] Charles talks about pre-COVID times at Gluckstein Lawyers. [14:50] Dr. Cain talks about Filevine's mission. [18:01] Charles talks about the new habits acquired by the tools technology provides. [19:22] Filevine's security protocol. [23:02] Look for outliers, the things that seem unusual. [23:49] Biometric features that allow better security control for the user. [25:50] The difference between office and home internet and how it affects people to get their work done. [28:57] How does Filevine see the future after COVID? [32:40] What was the work that Filevine had to do on their product in order to make it more accessible for people with disabilities? [35:37] There will be a reduction in the scope of the legal services that are provided now by humans. [38:30] The power of technology to analyze data fast and efficiently. [42:33] What will the "new normal" look like? [48:01] There is a lot to lose when you are not in person. [49:01] "Zoom fatigue" is teaching us where the technology needs to progress. [53:15] "This or that" questions with Dr. Cain Elliot and Brock Chambers. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Filevine Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 022: A Chinese Professional Migrating to Canada with Jane Lou
Brenda Agnew and Charles Glusckstein, your hosts of today's episode, are welcoming Jane Lou to talk about the Chinese community and her journey as a Chinese writer and producer moving to Canada. Jane Lou joined the Gluckstein Lawyers team in early 2016, bringing with her over ten years of experience in the legal, marketing, and customer service fields. Prior to joining the firm, Jane had been in private practice, owning and operating a successful immigration and paralegal service. Jane is a paralegal licensed by the Law Society of Ontario (LSO), an immigration consultant certified by the Immigration Consultants of Canada Regulatory Council (ICCRC), and a member of the Financial Services Commission of Ontario (FSCO). Before immigrating to Canada, Jane obtained two Bachelor's degrees with Honours at Zhejiang University and Beijing University, respectively. She had worked as a television producer, director, and writer with a Chinese state-owned television station. Her works (live shows and documentaries) have won numerous local, provincial, and national awards. Jane's ability to speak both Mandarin and Cantonese allows her to build and maintain a strong and trust-based relationship with other members of the Chinese community, and with clients requiring legal assistance when unfortunate accidents occur. Jane is actively involved in the Chinese community and devotes considerable time and expertise to pro bono work. She also sits on the board of several non-profit organizations. Jane is a frequent writer of articles for the Chinese media and has been called upon to provide her insights and commentary for Canada's national media when immigration policy is reviewed or modified by the Federal and Provincial Governments. Key Takeaways: [1:42] Jane talks about the Chinese New Year Tradition. [3:22] Jane talks about her background. [7:35] The matter of languages in China. [10:46] How Jane ended up in Canada? [12:13] Why did Jane leave Canada? [14:21] Jane talks about the freedom to travel in China. [16:21] The unforgettable experience to be a new immigrant. [17:02] Jane shares how she built her English while she was still in China. [19:10] Jane talks about the moment when she started to seek a job. [23:43] Charles shares how Jane became part of the Gluckstein family. [28:01] At Gluckstein the main goal is to help people. [29:14] The challenges of advocating for yourself when you are speaking a different language. [30:42] Jane talks about her experience with the range of interpreters and how she found her place in that field. [33:25] In comparison to China, is there a different approach in North America to sales tactics? [36:29] The value of honesty and dedication. [38:50] The Chinese community tends to trust their own community members more. [43:29] Jane talks about the reasons why she enjoys her work at Gluckstein. [46:30] Jane shares how the pandemic affected her as an immigrant. [47:33] Jane talks about her dog, Picasso. [53:01] This or that questions with Jane. [56:45] Jane shares her favorite recipe. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Jane Lou Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 021: Supporting Families Who Have Their Babies in the NICU with Fabiana Bacchini
Brenda Agnew and Jan Marin, are co-hosting today's episode, and they are joined by Fabiana Bacchini, executive director of the Canadian Premature Babies Foundation. Fabiana is the Executive Director of the Canadian Premature Babies Foundation, a journalist and the published author of From Surviving to Thriving, a Mother's Journey Through Infertility, Loss and Miracles. While in the NICU with her surviving twin, born extremely preterm, she participated in the study of Family Integrated Care (FICare). This led her to extensive volunteering in the NICU at Mount Sinai Hospital and to become an ambassador for FICare, travelling across Canada and internationally to share her experience with this model of care. Her son was diagnosed with cerebral palsy which continued to empower her to be a strong voice and advocate for premature babies and their families. Currently, Fabiana serves as an advisor on the National Steering Committee for FICare, the Critical Care Services Ontario (ONICAC group), Child-Bright Network, Cultivating Change Committee at the Sinai Health System and The Change Foundation Caregiver Project. She also sits on the CIHR Institute Advisory Board of the Institute of Human Development, Child and Youth Health. She is a member of the founding committee of Global Alliance for Newborn Care, (GLANCE). Key Takeaways: [2:14] Fabiana shares about her story and how she got involved with the Canadian Premature Babies Foundation. [6:05] Fabiana talks about the study in ICUs all around Canada that she got the chance to participate in, and how that program was impacted by COVID. [9:30] Brenda talks about her experience and the loneliness she experienced. [14:33] How do families find out about the Canadian Premature Babies Foundation if they are not googling it? [17:17] Jan shares how she became involved with the Canadian Premature Babies Foundation. [18:56] Fabiana shares how she got involved with the foundation. [24:10] How does Fabiana find the balance between allowing families to keep hope while their babies are in NICU and at the same time, talk to parents realistically about the possible outcomes for the future? [29:50] There is a full spectrum of possibilities when a baby enters the NICU. [33:38] Brenda talks about the way doctors deliver a diagnosis. [36:21] The aim is to challenge the values of how disability is perceived. [43:28] Peer support is absolutely crucial. [48:28] What ifs happen. [51:20] "If there isn't a seat for you at the table, then bring your own folding chair." Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Fabiana Bacchini Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 020: Partnering for Support: A Mother's Advocacy For Her Child with Rachel Martens
Brenda Agnew, your host, welcomes Rachel Martens to today's episode to talk about parenting a special needs child, becoming your best health advocate, and finding that no one should walk this journey alone. Rachel is a busy advocate whose son was born with a rare chromosome diagnosis, cerebral palsy, and autism. She partners with CanChild as a research-engagement strategist for their online group Parents Partnering in Research. Rachel is currently also affiliated with mentorship support for students and caregivers involved with CanChild's Family Engagement in Research Course, she has also partnered in publications with the team and is currently working on multiple projects. Rachel has a deep interest in furthering pediatric disability policy at the federal level. Rachel returned to university in the fall of 2019 with an intended focus on population health. Key Takeaways: [3:33] Rachael shares about her family journey. [11.33] Embracing the opportunities coming as a result of having a special needs child. [12:33] Rachel talks about the opportunities she found while helping her son. [14:23] When parents become a function of care while gradually losing themselves. [17:17] Connecting with people more authentically opens the doors for opportunities. [18:48] Brenda and Rachel talk about the research initiatives. [22:30] Using humor to deal with difficult situations. [27:13] Rachel's work turns into an inspiration to other families. [30:26] Clinicians don't know what you find valuable. [31:33] Learning to confront the fear of speaking up. [34:03] Rachel gives her advice to families that recently received a diagnosis for their child. [38:57] The power of community. [45:00] Rachel talks about what she has learned being Luke's mother. [48:55] All we could give our son was time. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Rachel Martens Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 019: Lawyers Are the Knights of Modern Days with Steve Rastin
Brenda Agnew, Charles Gluckstein, and Jordan Assaraf are your hosts for today's episode. They are receiving Steven Rastin to talk about his exceptional career and many anecdotes through his years of expertise in the personal injury arena. Steve Rastin joined Gluckstein Lawyers, as a Senior Counsel and Lawyer, in 2021 and is the lead lawyer of Rastin Gluckstein Lawyers. He is dedicated to helping injured victims recover after suffering an injury, is an advocate for his clients, and takes the time to listen to their concerns. Steve is an award-winning trial lawyer whose practice focuses on Civil Litigation, where he has been providing cutting-edge legal services to clients for almost 30 years. Steve's focus is on personal injury, employment law, and mass tort/class action. It is a point of pride for him that his clients are treated fairly, and he has shown his willingness to go the extra mile for his clients. He has argued cases before the Ontario Superior Court, the Court of Appeal, and the Supreme Court of Canada. He's also argued cases before many different tribunals, including the Human Rights Tribunal and the Ontario Labour Relations Board. His precedent-setting decisions have benefited not only his clients but victims throughout the Province. Steve regularly chairs and speaks at legal education conferences for the Ontario Lawyers Association, the Ontario Bar Association, and others. He has spoken at conferences throughout Ontario and across Canada. His Peers recognized Steve in the Lexpert Directory of Legal Experts, Best Lawyers in Canada, and he is a past President of the Ontario Trial Lawyers Association. Rastin Gluckstein Lawyers has been recognized as one of the Top 3 Personal injury lawyers in Orillia. Key Takeaways: [2:20] Steve talks about his TV appearances. [6:18] How does Steve become involved in his role as a lawyer? [9:26] Steve shares what he did before starting working in personal injury. [10:20] Steve talks about his career journey. [11:50] Steve speaks about his family. [14:04] Steve shares how he met his wife. [15:04] Steve speaks about his supreme court experience. [21:01] Steve extends his advice to young lawyers. [21:55] Steve shares his background of trial experience. [23:43] Changing the law to benefit people that need help. [24:05] Why was Steve chosen for the intervention committee? [26:00] Steve shares his worst experiences. [28:54] Steve shares some of his most memorable experiences. [31:23] Steve talks about his experience with Bad Faith cases. [37:02] Steve explains how he determines if a case could be a Bad Faith case. [40:13] Steve talks about the areas of law he will pursue in the future. [43:20] Steve shares a case he is attending along with Jordan Assaraf. [45:57] Considering COVID 19's impact: what is the future for the practice of law? [50:23] Steve talks about Civil Jury trials. [55:36] This or that. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Steve Rastin Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 018: A Life Dedicated to Acquired Brain Injury with Colleen Boyce
Brenda Agnew, Jordan Assaraf, and Jonathan Burton will be your hosts for today's episode, and they are joined by special guest Colleen Boyce. Colleen has been the director of a private brain injury residential rehabilitation facility called Bayshore (NRIO) for over 24 years. She is a Certified Case Manager, Certified Canadian Life Care Planner, and a Registered Rehabilitation Professional. Coleen gives back to the community and sits on many committees. Currently, Colleen is a representative for PABIN (Provincial Acquired Brain Injury Network) and chair of the Toronto ABI network conference planning committee. In 2006, Colleen was awarded the Professional of the Year Award from OBIA (Ontario Brain Injury Association) and the BIST Better Volunteer of the Year Award in 2013. Colleen was instrumental when Bayshore NRIO won the rehabilitation company of the year Award in 2017 from OBIA. Colleen also won the rehabilitation professional of the year award in 2020. Colleen is a member of Vocation and Rehabilitation Professionals, Vocation and Rehabilitation Association (VRA), and the International Commission on Healthcare Certification. Key Takeaways: [4:35] Colleen talks about her focus on brain injury. [6:30] What does NRIO (Neurological Rehabilitation Institute of Ontario) provide for clients and patients? [9:05] Colleen talks about the history of NRIO. [12:33] Colleen talks about the BIST (Brain Injury Society of Toronto) [18:55] There was significant growth in the awareness about concussions. [19:30] Colleen talks about what gives her hope for the future in regards to the treatment and care of persons with acquired brain injury. [23:15] Colleen talks about the learning opportunity found in an unsuccessful case with a client. [24:21] Colleen shares the most memorable moment in assisting a client at Bayshore. [30:01] Colleen talks about the changes in which treatments have been provided during the pandemic and if they will still be implemented after COVID. [36:18] Colleen talks about the activities and hobbies she does in her leisure time. [37:58] The most beautiful place Colleen has seen in person. [40:20] John and Colleen talk about their shared passion for running. [42:38] Colleen shares her messages for the youngest generation of ABI therapists. [47:35] Colleen extends her gratitude to every member of the advisory committee. [50:20] "This or that" questions. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Bayshore (NRIO)

Episode 017: A Journey into the Life of a Civil Trial Lawyer with Derek Nicholson
On today's episode, you hosts Brenda Agnew, Jordan Assaraf and Charles Gluckstein welcome Derek Nicholson who shares specific aspects of what it means to be a civil trial lawyer as well as lots of interesting and fun stories about his career, life, and hobbies. Derek Nicholson has been one of Ottawa's leading civil trial lawyers since 1980. In his early years of practice, he focused on defense insurance work and represented several major insurance companies including Chubb Insurance and Royal Insurance. He has also represented many high-profile clients including the Attorney General of Canada in a trial against Boeing USA, CJOH -TV and Blue Line Taxi. In the last forty years, he has focused on Personal Injury work, especially in catastrophic injury victims. With Derek as a key member of Gluckstein Lawyers and lead lawyer of our new Ottawa location: Nicholson Gluckstein Lawyers continues to take on the most complex personal injury claims throughout Ontario. His approach and focus are on helping injured victims recover. He has guided hundreds of plaintiffs through recovery by assisting in maximizing rehabilitation benefits and supporting victims to restructure their lives. Although he now exclusively represents plaintiffs against insurance companies, it is of great value that he represented insurance companies in the early years to obtain insight to assist plaintiffs today. Key Takeaways: [3:20] Derek talks about his special sign. [4:54] Derek shares how he became a member of the Gluckstein family. [9:18] Derek talks about how he got into the legal field. [10:41] What are Derek's areas of expertise? [15:47] Derek is the founder of the Ottawa location named Nicholson Gluckstein Lawyers. [16:42] Derek shares a story about his daughter. [19:27] What is involved in being a trial lawyer? How can a young lawyer become a trial lawyer? [21:54] What are Derek's thoughts about going on virtual trials? [24:55] Derek shares his thoughts about the connection piece in virtual trials. [27:12] Derek shares a story of a trial involving the virtual presence of an expert. [28:30] Will virtual trials continue even after COVID? [33:01] Derek talks about his passion for music. [37:18] Derek tells a true story about how he combines his love for music with his life as a lawyer. [42:01] Derek confesses he loves to cook! [42:37] Derek shares some memorable stories. [46:45] Derek continues to share his experiences in relation to music. [49:14] Derek shares a lovely story about one of his daughters. [50:05] Is the legal landscape any different in the Ottawa community compared to the Toronto community? [57:45] "This or that" round of questions with Derek Nicholson. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Derek Nicholson Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 016: Precious Angels Gowns, Niagara with Dianne Henderson and Robbie
Brenda Agnew welcomes Dianne Henderson, Medical Consultant to Gluckstein Lawyers, and Robyn Moore who is the co-founder of Precious Angels Niagra, to today's episode. Precious Angels Niagra is a charitable service run entirely by a group of caring volunteers that transform donated wedding dresses into tiny "angel wraps" and "angel gowns" for early-term losses and babies born still. We then donate these gifts to bereaved families completely free of charge through Funeral Homes, Hospitals, and First Nation settlements throughout Ontario as well as Arbor Memorial Funeral Chapels across the country. Key Takeaways: [1:36] Robyn talks about Precious Angels Niagara [2;23] How did Precious Angels Niagara start? [5:24] Robyn shares a memorable story from October 2017. [7:35] Who is involved in Precious Angels Niagara? [12:28] Dianne shares how she got involved in Precious Angels Niagara. [15:34] Brenda shares her own experience. [19:37] Robyn shares the feedback she gets from families in regards to the impact these beautiful angel gowns made in one of the toughest moments in the life of a parent. [25:01] The angels' gowns provide nurses the ability to give something to parents who are going through the loss of their babies and this way feel they alleviate some of their emotional sufferings. [26:05] How can people get in touch with Precious Angels Niagara? [31:43] What are the ways that people can help Precious Angels Niagara? Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Dianne Henderson Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Precious Angels Niagra Precious Angels Gowns on Facebook Email: [email protected]

Episode 015: Everything You Need t Know About Structured Settlements with John Welton
Brenda Agnew, your host, welcomes John Welton to today's episode to discuss every single detail in regards to Structured Settlements, what are they, who can benefit from them what does they implies, and the great advantages they provide to their beneficiaries. John joined Henderson Structured Settlements LP as a partner in 2011. He holds the Certified Structure Settlement Consultation title as issued by the University of Notre Dame. He has extensive experience in both Property & Casualty and Life Insurance claims. John has worked as an executive for a number of Canada's leading insurers and has provided consulting services within the North American insurance claims economy. John currently sits on the Foundation Board for Hamilton Health Sciences. Key Takeaways: [2:33] John explains what are Structured Settlements and how they work. [4:45] Why would someone need Structured Settlements? [9:07] John talks about the responsible management of the funds received. [12:03] What are the advantages of Structured Settlements from a financial perspective? [12:31] There are three life insurance companies in Canada that are licensed to sell Structured Settlements. [16:51] Money does not take care of everything but it does solve a lot of problems. [18:20] What is the role of Structure Settelemnt in helping to plan the settlement piece? [24:45] John talks about a research that has been conducted on people who have received money from settlements or after winning the lottery which proves that after 5 years they don´t have any left. [27:29] John explains why a Structured Settlement is not considered a financial investment. [29:42] What happens after the structured settlement has been achieved? [32:45] John talks about the process of a structured settlement. [35:51] The only thing that can change in a settlement is the beneficiary. [37:30] John talks to the clients that doubt about Structure Settlement could be the right solution for them. [43:51] Structure settlement is not about managing risk, it is 100% risk-averse. [46:13] Can someone who chose structure settlement still apply for government or private benefits? [50:01] Everything is considered on a case to case basis. [55:50] "This or that" questions. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Henderson Structured Settlements LP

Episode 014: ParaSports and Variety Village: Contributing to Improve the Lives of People with Disabilities with Jeff Tiessen and Karen Stintz.
Brenda Agnew and Jordan Assaraf, your hosts, welcome Jeff Tiessen from ParaSports Ontario and Karen Stintz from Variety Village to today's episode. Jeff is the publisher of Disability Today Publishing Group, a disability community pioneer and leader for over 25 years, is known for its quality publications, and compelling editorial. The publisher of Alignment for Orthotics Prosthetics Canada, and a host of in-house magazine and book titles, the media firm is led by Jeff Tiessen, an amputee of over 40 years. Jeff is also the executive director of ParaSports Ontario.Jeff is a three-time Paralympian and world record holder, award-winning journalist, and Canadian Disability Hall of Fame inductee. He is a respected advocate and keenly aware of the informational needs of Canadians with limb loss through personal experience and a vast network of amputees, O&P practitioners, and industry partners. Karen is the president and CEO of Variety Village, which is the Children's Charity of Ontario with a 70-year history of providing programming for children and youth with a disability. In Ontario, the charity provides programming for children with a disability at Variety Village, a 168,000 square foot facility in Scarborough. Variety Village has a $7 million operating budget and includes a number of social enterprises that fund the charitable mission. Karen is responsible for facility management, revenue growth, budgets, and expanding partnerships within the ParaSport community. Karen currently leads an Executive Team and reports to a volunteer Board of Directors. Since becoming President and CEO, she has worked with the senior management team and Board of Directors to map out a new vision of service delivery, revenue generation, and expanded impact on those who are served. Key Takeaways: [2:56] Karen introduces herself by sharing her professional journey. [7:46] What is Variety Village? [10:01] Variety Village take their program to several communities across Ontario [10:25] How is Variety Village laid out? [12:55] Karen talks about the charity that supports Variety Village. [13:43] Jeff shares his greatly inspiring story. [18:51] Jeff talks about the medals he got in three different Paralympic Games. [21:19] Jeff talks about what is ParaSports and how he became involved with it. [24:15] How does ParaSport and Variety Village work together? [26:47] If a child wants to play a sport that is not provided by Variety Village, there is a network to make sure every child can find that opportunity. [27:29] Karen talks about the role of Archie Allison as the Director of Access and Awareness at Variety Village. [32:16] Is there a level of disability that a person has to have to participate either on ParaSport or to become a member of Variety Village? [34:25] In Variety Village is not about the accessible facility but about the accessible mentality. [36:29] How can someone get involved in ParaSports? [39:00] What a Variety Village membership entails and what are the programs that are being offered? [43:17] Karen shares how the pandemic affected the programs offered by Variety Village and how they adapted to keep providing opportunities for children to play and create connections. [45:21] Jeff shares how ParaSports reacted to the limitations that the pandemic imposed. [47:02] Jeff talks about the amazing golf tournament Para Sports holds every year. [50:55] What does the future hold for Variety Village? [54:45] Jeff talks about the new book: The Power of ParaSports: Celebrating Five Decades in Ontario [58:41] Round of 'this or that' questions with Jeff and Karen [1:04:07] Jeff and Karen share their favorite recipes. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin ParaSports Ontario Variety Village

Episode 013: Mental Health Challenges of a Caregiver with Brenda Agnew
Jan Marin, your host, welcomes Brenda Agnew to today's episode. She is the client liaison at Gluckstein Lawyers, a former client, who offers clients a really unique perspective and support since she has been in the shoes herself. Brenda is the proud mother of two boys, Chase and Maclain. Her son Maclain has severe Cerebral Palsy and profound hearing loss as a result of a condition known as Kernicterus, a brain injury that results from untreated jaundice. Today, Brenda and Jan talk about mental health, a topic that has brought attention in the past recent years but it is still quite difficult for some people to acknowledge support or address. Specifically, Brenda and Jan are discussing mental health challenges that can arise for caregivers. Key Takeaways: [1:46] Having a child with a developmental disability can have an effect on the mental health of the parents. [3:42] Brenda shares how being a caregiver for Maclain has impacted her mental health. [8:17] Brenda and Jan talk about guilt. [15:27] Nobody wishes for a life as a caregiver. [18:28] Brenda talks about how they took the pandemic as a family and [21:35] The most common triggers for caregivers [25:30] Holidays can also be a trigger for families that have a child with a developmental disability. [30:05] Brenda talks about the effects of sleep deprivation. [32:15] Brenda talks about her own experience in psychotherapy. [36:54] The stigma of talking about mental health. [41:22] Caregivers need to acknowledge their own pain. [44:07] Brenda talks about how being involved in a lawsuit can exacerbate and alleviate mental challenges. [51:10] The value of entering a lawsuit is feeling listened to and to receive answers. [56:08] Brenda shares her best suggestions for caregivers to move through mental health challenges. [1:01:05] Brenda talks about all she found out about herself in the process of being Maclain's mother. [1:03:54] Brenda counts her blessings. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Brenda Agnew Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 012: Brain Injury Society of Trauma: Supporting the Community and Raising Awareness (Part 1) with Melisa Vigar and Laura Bellon
Brenda Agnew and Jordan Assaraf, your hosts, welcome you to another episode of Butter Torts, a truly Canadian legal podcast. Today is the first part of a two-part series with Melisa Vigar and Laura Bellon of the Brain Injury Society of Trauma in Toronto. Melissa Vigar is a Registered Social Worker who has been actively working in the field of Acquired Brain Injury since 2001. Throughout her career, she has provided support to survivors and the individuals who support them both in the non-profit and private sectors. With collaboration and compassion being her focus, she has supervised teams and implemented training and programs in both community and residential settings. She is passionate about improving the quality of life for anyone who has suffered an ABI as well as ensuring that the individuals who support them are equipped with resources, education, and strategies for self-care. Laura Bellon has been providing services for individuals with Acquired Brain Injury since 2002 in both the public sector and the private sector. She has passionately helped individuals with multiple physical, cognitive, and psychological needs navigate the healthcare system and rehabilitation world. She comes to BIST with a background in Sociology and Education, with certificates in crisis support, errorless learning, and occupational health and safety. Her experience with individuals in the community and within residential programs in the Greater Toronto Area, has helped those living with the effects of an ABI work toward their goals to lead healthier, happier, and more fulfilling lives. Key Takeaways: [6:28] What does BIST stand for? [6:50] Melissa and Laura talk about their roles at BIST. [8:47] How did BIST grow from a grassroots organization to an impactful organization serving the community in the field of Brain Injury? [12:27] Melissa and Laura share how BIST gets their funds. [15:14] Jordan explains how Gluckstein Lawyers supports BIST. [19:07] What is brain injury? Who does it impact and how does it happen? [23:56] The situation in regards to concussions. [26:56] BIST does not ask for documentation or proof of a brain injury. [27:41] How do you know if you have a brain injury? [31:52] The work of BIST in educating the community about brain injuries. [35:50] How does the first phone call go with a potential member? [39:48] Family members and friends usually misunderstand people affected with brain injury, expecting them to act as they did before the injury. [41:50] People who suffered a brain injury should never be in a self-referral situation. [48:18] BIST needs fundraising support to keep doing their valuable job. [52:01] Melisa talks about the limitations that BIST has. [56:57] The importance of supporting family members of people with brain injuries. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Learn more about Melissa Vigar and Laura Bellon Brain Injury Society of Trauma

Episode 011: The Journey of a Personal Injury Lawyer with Jonathan Burton
Brenda Agnew welcomes Jonathan Burton to today's episode. Jonathan joined Gluckstein Lawyers in 2005. He received his Bachelor of Law degree from the University of Western Ontario in June 2006 and returned to the firm to carry out his articles-at-law. Following his call to the Ontario Bar in June 2007, Jonathan assumed his current position as associate lawyer at Gluckstein Lawyers. Jonathan restricts his practice to insurance litigation including Personal Injury, disability matters, occupier's liability, medical malpractice, and product liability. Jonathan has always been driven by a passion to help those in need, which fuelled his decision to pursue a legal career representing injured persons and their families. Prior to commencing his legal studies, in 2003 Jonathan attained a Bachelor of Administrative and Commercial Studies degree in Organizational and Human Resources, also at the University of Western Ontario. He has an outstanding ability to communicate with and understand his clients and their needs. Key Takeaways: [2:45] Jonathan shares the reason why he became a lawyer. [6:01] Jonathan talks about his experience as a bank teller. [7:25] How did Jonathan become part of the Gluckstein family? [10:36] What keeps Jonathan at Gluckstein Lawyers? [15:25] Jonathan talks about the unpredictability of a legal process. [18:40] Jonathan shares some of his most memorable stories. [25:52] Everyone is just human, they are trying to do the best they can for themselves and their clients. [29:14] The importance of truly listening to a client. [30:04] Jonathan shares about some of his most memorable clients. [35:16] Jonathan talks about the one story that stands up among all. [37:45] Brenda and Jonathan highlight the joy of participating in the community events that Gluckstein Lawyers organizes. [39:42] The biggest challenges in the legal field specifically in regard to personal injury. [46:50] How COVID impacted Jonathan´s work. [56:10] Jonathan shares what mustn't be forgotten. [59:55] "This or that" questions. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Jonathan Burton Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 010: The Role of the Law Clerk with Janet Lebeau
Brenda Agnew, your host, welcomes Janet Lebeau to today's podcast. Janet has over 23 years of experience as a law clerk specializing in personal injury particularly medical negligence matters. She operated an independent litigation support business for over 18 years. Janet graduated from McMaster University (BA) and York University (B.Ed). Janet is involved in all aspects of a medical negligence matter, from organizing, collating, and analyzing medical records; preparing chronologies; locating, retaining and briefing the appropriate expert; coordinating evidence; interviewing witnesses; and preparing documents such as statements of claim, pre-trial memorandums, and mediation memorandums; as well as assisting at trial. She is known for developing a rapport with clients by treating them with empathy and compassion. In this episode, Janet shares the details of her job as a law clerk, as well as the steps involved in a lawsuit for medical malpractice. Key Takeaways: [1:50] Janet talks about her work as a law clerk at Gluckstein Lawyers. [4:40] At Gluckstein, law clerks have a great deal of autonomy. [6:06] What are the basic elements that must be proven in a medical malpractice lawsuit? [12:03] When should someone consider consulting with Janet? [13:49] What is the information required from a new potential client? [18:04] How long does the process take? [23:33] Janet talks about the complications that may arise when there are multiple parties involved in a lawsuit. [24:51] The role of medical experts. [28:04] Janet explains why she got involved in the field of medical malpractice. [34:53] Janet talks about the challenges in neonatal cases. [41:11] Janet shares a memorable case. [47:50] Janet suggests that clients should keep asking questions. [49:33] "This or that" questions. [54:51] Janet shares her favorite recipe. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Janeth Lebeau Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 009: Pediatric Birth Injury: Leading Parents Through the Legal Process with Brenda Agnew and Richard Halpern
Welcome to another episode of Butter Torts, a truly Canadian legal podcast. Today, Brenda Agnew and Richard Halpern, are sharing their stories and expertise. Brenda is a former client that now works with the Glusckstein family as a client liaison, she is the proud mother of two boys, Chase and Maclain. Her son Maclain has severe Cerebral Palsy and profound hearing loss as a result of a condition known as Kernicterus, a brain injury that results from untreated jaundice. Richard is a senior lawyer acting exclusively for injured people in medical negligence cases, with a special focus on infants injured at or around the time of birth. Richard is known across Canada for his expertise in birth injury cases. He has more than 30 years of experience representing seriously injured people. Today he will share his insights on helping parents make decisions about choosing a law firm and understanding their lawsuit. Today's conversation is centered on pediatric birth injury, these cases are heart-wrenching, where lawyers have to deal with the most vulnerable, those who don't have a voice for themselves, and also with their families with difficult dynamics resulting from the impact caused by a child who suffered a life-altering injury. Key Takeaways: [3:20] Brenda talks about how she found Gluckstein lawyers and why she approached them. [9:08] Richard shares the main features of the first meeting with parents that seek answers with regards to what happened to their baby. [10:54] At Gluckstein lawyers parents are provided with a real idea of what happened to their baby even before the experts intervene. [12:35] The stories from the parents are often far more reliable than the nurse and the doctors'. [13:15] The most important information: 1- The history of what happened, 2- Medical records excluding the labor, 3- Fetal heart rate strips. [15:40] The MRI tells when and how the injury occurred. [17:15] Brenda talks about the parents' expectations when they go to the first meeting with a lawyer. [20:45] Richard talks about the costs in the process of a case of brain trauma. [26:46] Richard explains why he goes through the records himself. [28:22] What happens when the client is still treated by the same medical professional and really wishes to keep that doctor in their team? [33:04] The screening of the case: finding the right experts. [36:15] Brenda talks about the overwhelming feelings after the first consultation with a lawyer. [38:20] How do lawyers keep clients engaged and optimistic? [41:37] Richard shares his view about managing the client's expectations. [44:05] Transparency is the key in order for parents to know what to expect. [50:42] The limitation period. [51:00] When is a case ready to be issued? [53:10] Richard explains the process once the claim goes out and the litigation begins. [57:10] There are no limits on insurance in cases of brain injury. [59:35] There is a layer of protection for people under disabilities. [1:03:36] Brenda shares the challenging process of showing the children's lawyer how the child's funds were managed. [1:05:19] Brenda is currently working on a guide for parents to provide them with templates and how to prepare for the different steps on the process of a pediatric birth injury lawsuit. [1:06:05] Brenda talks about her role in what is called "Full Circle Care" at Gluckstein Lawyers. [1:08:19] Maintaining the relationship with the families after the case is over. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Brenda Agnew Learn more about Richard Halpern Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 008: More Than Five Decades of Experience in Personal Injury with Bernard Gluckstein
Brenda Agnew welcomes Bernard Gluckstein to today's episode, where he shares his exceptional professional journey which began in 1962 and extends until today. He's spent days, months, and years loving his job and enjoying every part of it. Bernard has always been a staunch advocate for the rights of injured persons. Well-known for his philanthropy, he provides executive and financial support to many non-profit organizations across Ontario. He frequently organizes events for persons with brain and spinal cord injuries. Bernard has 57 years of experience in Personal Injury litigation and is a Lifetime Member of the Law Society of Ontario. Within the firm, Bernard is personally involved in most of the serious cases as well as taking an advisory position on most other cases, by providing insight and ensuring each client receives maximum compensation structured according to the specific needs of the client. He has lectured extensively on various medical, legal, insurance and rehabilitation groups throughout North America. He is also widely published, including co-editing LexisNexis' Personal Injury Practice Manual. Key Takeaways: [2:02] Bernard talks about his professional career beginning in 1962 and how his practice has changed along with the years. [11:30] Bernard started his own practice in 1982. [13:58] Bernard shares one of his most memorable cases. [17:30] Bernard shares a case that he will never forget, the biggest loss he went through. [19:48] Bernard talks about how it is to work with Charles, his son. [22:08] Bernard tells an interesting story about a case where Charles was involved indirectly. [25:08] Bernard explains the reason for his passion with regards to people with disabilities in sports: the special bond with his nephew. [29:12] Sport as part of rehabilitation for anyone with a disability. [29:32] Bernard talks about how he met Jeff Tiessen. [32:50] A way of giving back. [34:25] Bernard talks about being at the Supreme Court. [37:54] Bernard had many cases in the Court of Appeal. [38:24] How is it like to be a lawyer that has been both at plaintiff and defense work? [41:14] A practice based on council work. [44:10] Bernard encourages lawyers to take more cases to trial. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Learn more about Bernard Gluckstein Learn more about Jeffrey Tiessen from Disability Today Magazine Parasport Ontario Canada Ontario Brain Injury Association

Episode 007: An Advocate for People's Lives: The Role of a Medical Consultant with
Brenda Agnew, welcomes Dianne Henderson, a medical consultant who received her nurse's training at the Mack School of Nursing. She attended Brock University for a Bachelor of Arts in Psychology and a Masters of Education. Experience in a wide variety of clinical and nursing settings gives Dianne a rich knowledge base that allows her an understanding of the severity of injuries that our clients face. Her six-year experience as Executive Director of the Brain Injury Association of Niagara gave her the advocacy skills required as a Medical Consultant to Gluckstein Lawyers. The additional services that Dianne provides clients of Gluckstein Lawyers are unique to this firm. Beyond the legal expertise, Dianne offers medical insight that assists our lawyers in understanding the client's degree of disability and impairment. Her knowledge is particularly supportive in "catastrophic determination". In today's episode, Dianne shares the characteristics of her role as a medical consultant for the Gluckstein family. She talks about the awesome Compassion Fatigue Conferences she has been organizing for the amazing frontline workers and the reasons why she has been working passionately for the last two decades to be the best advocate for her clients. Key Takeaways: [2:29] Dianne shares how she became a part of Glucktein Lawyers. [6:20] Dianne talks about the evolution and changes at Glusckstein Lawyers over the past two decades. [9:40] Dianne's role as a medical consultant at the firm. [14:47] Dianne talks about the Compassion Fatigue Conference [16:45] What does a day in the Compassion Fatigue Conference look like for frontline workers? [19:35] Dianne talks about her most memorable cases. [21:43] The hardest part of Dianne's role as a medical consultant. [22:26] Dianne's favourite aspect of working at Gluckstein lawyers. [23:54] Dianne shares some of the causes she got involved with. [29:35] Three resource guides available for the entire Ontario population. [30:36] Dianne shares how she initially came up with the idea to put together the Gluckstein resource guides. [34:26] "This or that" round of questions. [38:31] Dianne shares her favourite recipe. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Dianne Henderson Compassion Fatigue Conference Gluckstein resource guides Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Dianne's favourite recipe: Carrot Cake

Episode 006: Long Term Disability Insurance with David Lackman
Jordan Assaraf, your host, welcomes David Lackman to today's episode. David is a senior counsel and lawyer at Gluckstein Lawyers, his litigation practice now extends over 35 years encompassing serious and complex personal injury, disability claims, and wrongful death claims. David has achieved outstanding results in personal injury claims against some of Canada's largest corporations. He has been acknowledged by the publication Best Lawyers in Canada, he also chairs the editorial board of the Journal of The Ontario Trial Lawyers Association. David Lackman talks about the Long Term Disability (LTD) Insurance, its meaning, who pays for it and how long it takes for the payment to be effective in cases of short and long term disability. David also explains the requirements to be qualified for LTD, as well as much more valuable information about this topic. Key Takeaways: [2:12] What is Long Term Disability (LTD) insurance? [3:15] Who pays for the coverage? [5:37] How long someone has to wait for the benefits to be paid? [7:56] How disabled you must be to qualify for LTD? [12:20] Do LTD benefits get adjusted for cost of living increase? [15:23] What percentage of your salary can you expect to receive from an LTD? [17:28] David shares an example of how LTD benefits can be calculated. [20:06] How long can someone be on LTD? [21:15] What happens if the employer terminates someone who is on LTD? [23:48] When someone can consider suing for LTD benefits? [27:15] What happens if the person who wants to apply to LTD benefits can't hire a lawyer because he was terminated and has no income? [29:32] Most LTD cases find a resolution before going to court. [34:58] Do the beneficiaries of LTD need to pay taxes over that money? [35:35] Choosing the right lawyer and preparing the medical evidence pertaining to the case. [38:25] Rapid fire questions: This or that? Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about David Lackman Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 005: The Journey of a Mother Whose Son Suffered From Medical Malpractice
Jordan Assaraf, your host, welcomes Brenda Agnew to this episode. Brenda is the proud mother of two boys, Chase and Maclain. Her son Maclain has severe Cerebral Palsy and profound hearing loss as a result of a condition known as Kernicterus, a brain injury that results from untreated jaundice. As a former Gluckstein client herself, Brenda acts as our Client Liaison to support and advise our clients and their families throughout their case. She tirelessly advocates for better systems and programs for children with special needs. Brenda has been appointed to the Community Council for the American Academy of Cerebral Palsy and Developmental Medicine for a 3-year term and is an active member of volunteer organizations such as CP-Net, CHILD-BRIGHT Citizen Engagement Committee, and the Burlington Accessibility Advisory Committee. Brenda openly shares her journey through the most difficult challenge a mother can go through. She not only delivers valuable information for other parents walking the same road but deeply assesses matters such as parents' mental health and the difficulty of filling the shoes of a caregiver and a mom. Key Takeaways: [2:27] Brenda shares her experience of medical malpractice as a result of untreated jaundice to her son Maclain. [6:40] What did prompt Brenda to talk to a lawyer? [11:30] Brenda talks about her learning process seeking answers to his son's medical condition and its origins. [14:38] Brenda extends her advice for parents going through medical malpractice involving their children. [16:35] Choosing a law firm. [19:08] What is Kernicterus and how did it affect Maclain? [22:44] Brenda talks about how she became a client liaison at the Gluckstein family. [26:10] What is compassion fatigue? [28:15] Resources for families with children with special needs. [29:45] What to do after a lawsuit? [30:49] Full circle care. [32:53] Support groups for parents that aren't involved in a lawsuit. [34:53] Parent Advocacy Link [36:17] Being a caregiver during COVID-19. [40:00] Advice for new parents that are also caregivers. [42:51] Brenda talks about her mental and emotional health. [46:48] Caregiver's role vs a mother's role. [49:33] Rapidfire question: "This or that?" [53:22] Considering starting a lawsuit when your child is still treated at the hospital. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Brenda Agnew. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Gluckstein Resource Guides Parent Advocacy Link

Episode 004: How to Recognize a Case of Medical Malpractice with Jan Marin
Brenda Agnew, your host, has the pleasure to be accompanied by Jan Marin, one of the lawyers of the Gluckstein family. Jan received her Bachelor of Arts (Honors) in Development Studies from Huron University College at the University of Western Ontario in 2005 and her J.D. from Western's Law School in 2009. While attending law school, Jan volunteered with the school's Community Legal Clinic and Pro-Bono Students Canada. She also participated in an international exchange program at ESADE in Barcelona where she studied both International and European Union law. Jan was called to the bar in June 2010. In today's episode, Jan openly shares her passion regarding international law and her experience being a woman in the legal world. Jan explains in simple terms what medical malpractice is, including the challenges and complications in identifying a possible case of medical negligence. Jan leads the audience along the complex road of accompanying a family in claiming financial compensation for the losses they suffered and will have to cope with in the future, as a result of the damage done by medical negligence. Key Takeaways: [1:41] What led Jan to become a lawyer? [3:35] Jan shares how she became a member of Gluckstein Lawyers. [6:36] What is it like to be a woman in the legal world? [10:47] Jan talks about the cases when the clients prefer a female lawyer and other times, when a female lawyer can be underestimated. [12:35] Jan shares her expertise in medical malpractice. [15:21] What is medical negligence/malpractice? [17:45] Jan shares an example of medical malpractice. [22:52] Once the malpractice is identified, what is the next step? [31:03] What to do if you are concerned about your medical care? [32:44] You are always entitled to a second opinion, ask questions, and look at your own records. [35:33] Jan's favorite part about practicing law: learning new things and getting to know the why. [36:48] Jan's least favorite part about being a lawyer: not being able to get fast to the heart of the matter. [38:26] Jan shares a memorable case. [44:13] The struggle to separate the emotional aspect from facts. [45:26] Jan talks about the awful moment when telling clients that they don't have a case. [52:05] Rapid fire questions. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Jan Marin Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin

Episode 003: Medical Malpractice Mitigations Step by Step with Richard Halpern
In today's episode of Butter Torts: A truly Canadian Legal Podcast, Charles Gluckstein, is interviewing Richard Halpern, who is a senior lawyer acting exclusively for injured people in medical negligence cases, with a special focus on infants injured at or around the time of birth. Richard is known across Canada for his expertise in birth injury cases. He has more than 30 years of experience representing seriously injured people and now he has joined the Gluckstein Lawyers family. Richard Halpern shares his expertise, detailing step by step the process of birth trauma cases and medical malpractice in general. Richard thoughtfully explains how a case goes from the initial stage, when parents approach a lawyer looking for answers, through the investigation and discovery phases, finding what happened in the specific medical situation. Richard shares how it is to select and work along with the right experts, and how a case is conducted until the pre-trial and trial take place. Key Takeaways: [1:34] Richard talks about his professional expertise: medical malpractice litigation. [2:16] What kind of cases Richard attended in his first years of practice? [3:45] Richard shares how he transitioned from general practice to medical malpractice. [5:55] In medical malpractice cases, all the people being examined are experts in an area that the lawyer isn't. [7:47] Richard explains how he became so strong in Obstetrical Medicine. [10:58] The biggest challenge facing birth trauma cases is establishing the mechanism of injury, its timing, and if there is something that could have been done to prevent the outcome. [11:58] Richard talks about how he approaches a possible case of birth injury from the beginning. [14:50] How long does the investigation stage last? [17:12] It is essential to have a chronological understanding of all of the important clinical events, lab findings, and symptoms. [19:39] The next step on a birth trauma case after the investigation process is to tell the parents what happened to their baby. [22:32] How many clients have a legitimate valid case of medical malpractice where it can be proved it was an avoidable injury? [24:07] What does it really mean for a lawyer to be an advocate for his client? [24:59] Richard shares how he built up his expert database and how it has evolved over time. [28:43] Richard talks about the different strategies a lawyer can use with regard to selecting the correct experts. [31:21] What does the client's road look like from discovery to pre-trial? [34:45] Richard explains how to deal with the theories the defence presents. [37:18] Always adopt best practices at first. [38:10] The Holland Law Group, a group of senior medical malpractice lawyers. [40:27] How to deal with multiple tortfeasors in medical malpractice. [45:50] Richard talks about a birth injury trial that didn't go his way and the lessons taught by it. [50:40] Rapid fire questions. [53:03] Richard talks about his favorite recipe. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Richard Halpern. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin The Holland Law Group Richard shares his favorite recipe:

S1 Ep 2Episode 002: Class Action: A Mechanism for Change with Jordan Assaraf
Brenda Agnew, your host, welcomes Jordan Assaraf to this episode. Jordan joined the Gluckstein team in 2012 to carry out his articles-at-law. He graduated from York University in 2007. He received his Juris Doctorate degree from Bond University in Australia and completed his Canadian Accreditation in 2012. Following his call to the bar in 2013, Jordan assumed his current position of associate lawyer at Gluckstein Lawyers. Jordan's practice is devoted to all areas of Personal Injury litigation on behalf of plaintiffs. Jordan shares in this episode his expertise with regards to class action, explaining in detail its meaning, the implications to members, and how these kinds of cases are approached when other firms are also involved. Jordan also gives a refreshing view about how Gluckstein Lawyers gives back to the community during difficult times, as well as sharing hilarious experiences he went through as a lawyer that will remind you courts are also human. Key Takeaways: [1:46] Jordan shares how he joined the Gluckstein team. [8:30] Jordan talks about the reasons why he wanted to become a lawyer. [10:50] Jordan's favorite part about practicing law is to be able to give back to people. [13:18] What is Jordan's least favorite part of being a lawyer? [16:33] Jordan explains what class action is about. [21:14] What happens when someone is not aware that they can be part of a class action? [23:01] Why would someone be interested in being a member of a class action? [23:55] Class action as a mechanism to promote behavior modification. [27:57] Working with other firms in case of class action. [31:18] Jordan gives advice to people who think they might be involved in a case of class action. [32:56] Jordan talks about his role in Gluckstein Lawyers and its involvement with the community. [37:33] Jordan shares a funny story. [41.28] Jordan tells another funny story. [43:10] The courts are human as well. [46:09] Rapid fire questions with Jordan Assaraf. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Jordan Assaraf. Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Favorite Recipe from Jordan Assaraf:

S1 Ep 1Episode 001: The Gluckstein Family: Making a Difference in the Community From Start to Finish with Charles Gluckstein
Gluckstein Lawyers presents the first episode of Butter Torts: A Truly Canadian Legal Podcast where guests will be interviewed on a variety of different topics related to personal injury. Listeners will hear Gluckstein Lawyers sharing their expertise, insights, and most importantly, their stories while providing a better understanding of the personal injury legal landscape. Brenda Agnew, your host, is interviewing Charles Gluckstein, the head of Gluckstein Lawyers. He shares the history of the firm and his insight on his experience in the personal injury world both as a lawyer and a leader. Key Takeaways: [1:56] Charles Gluckstein gives a brief history of Gluckstein Lawyers. [5:51] Bernard Gluckstein, a natural rain-maker. [9:28] Charles Gluckstein talks about the transition from criminal law to personal injury. [15:20] At 65 years old Bernard suffered a heart attack, a pivotal moment in the Gluckstein family and the introduction to Charles Gluckstein to the firm. [20:11] Charles started to introduce technology into everyday work at Gluckstein Lawyers creating a more effective work environment. [25:30] Charles and Brenda talk about how she started with being represented by Gluckstein Lawyers to later on becoming part of the firm. [34:10] The mission of Gluckstein Lawyers is to make a difference in the community from start to finish. [35:02] Charles Gluckstein talks about his family, interests, and hobbies. [37:59] The uniqueness of Gluckstein Lawyers is that both staff and lawyers share in all the events, recognizing the important work everyone does at the firm. [39:50] Charles shares how Gluckstein Lawyers works to be involved with the community. [43:11] Rapid fire questions with Charles Gluckstein. Mentioned in this episode: To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers. Learn more about Charles Gluckstein Gluckstein Lawyers on Twitter Gluckstein Lawyers on Facebook Gluckstein Lawyers on Instagram Gluckstein Lawyers on YouTube Gluckstein Lawyers on Linkedin Charles' recipe for Dark Chocolate Bark with Pretzels: Put 2 packs of semi-sweet chocolate (Bakers or Chipits) in a mixing bowl. Microwave for 2 min. Stir until there are no chunks. Mix in two generous handfuls of slivered almonds. Add two generous handfuls of pretzels broken in the hand. Mix and spread on two cookie sheets with wax paper. Cool in the fridge overnight. Break into 2x2 pieces and store in zip lock bags in the freezer.

Butter Torts: A Truly Canadian Legal Podcast Trailer
trailerButter Torts: A Truly Canadian Legal Podcast is a unique podcast that connects listeners to stories of personal injury, recovery and life in the aftermath of an injury. Hosted by our informative and entertaining lawyers, this podcast will take you on a journey exploring everything from legal matters to the human experience of pain and resilience.