Butter Torts: A Truly Canadian Legal Podcast

Brenda Agnew, your host, welcomes Jeanette and Claudia from the Speech Therapy Centres of Canada. They share how the Speech Therapy Centres of Canada started and how they built a community built on connection and supporting people to show their essence through communication.

Key Takeaways:

[1:43] Jeanette introduces herself.

[4:03] Claudia was the first speech pathologist working at the Speech Centres.

[5:27] Claudia introduces herself.

[7:41] Claudia decided to dedicate her efforts to working with children with brain injury, joining this way both of her biggest passions.

[10:05] Brenda talks about how speech therapy tremendously helped her son.

[12:15] What do Speech and Language Pathologists do?

[13:41] Jeannette talks about examples of what is done in Speech Therapy.

[18:00] Claudia talks about the goals of Speech Therapy for children and adults.

[19:18] Brenda shares how early her son was admitted to the Infant Hearing Program.

[24:10] Jeanette talks about the importance of being informed.

[25:05] Jeanette talks about Parents' Workshops.

[31:54] Do Claudia and Jeanette get involved in assessments related to malpractice?

[33:54] Jeanette talks about Cognitive Communication Difficulties.

[38:11] Social communication is critically important and Jeanette explains why.

[43:46] Speech pathologists are a very big part of mental health teams.

[44:38] Are people aware of the importance of Speech Pathologists? Do people really follow their recommendations?

[51:33] Claudia talks about the necessary rapport and trust that needs to be built with clients in order to be able to work with them.

[57:00] Constancy and continuity are fundamental for Speech Therapy success.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about The Speech Therapy Centres of Canada.

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Brenda Agnew, your host, welcomes Sherry Caldwell to today's episode. Sherry is the co-founder of the Ontario Disability Coalition.

Sherry has been breaking down barriers to employment by opening a disability-positive marketplace GoodOnU.ca to create employment for youth with disabilities.

Her daughter, Ashley was born with multiple disabilities, she loves art, coloring music and movement, she is a GoodOnU Social Media influencer and she is loving this meaningful opportunity.

Key Takeaways:

[2:12] Sherry introduces herself.

[3:10] Sherry talks about her daughter, Ashley, who was born with multiple disabilities.

[4:23] In 2017, Sherry initiated the Ontario Disability Coalition.

[8:25] Brenda demystifies the reality of caregivers and people with disabilities in Canada.

[13:35] People are not well informed about the real numbers about disabilities, at one point in your life will be touched by disability.

[14:57] Sherry shares how they approach disabilities in Australia.

[17:04] Advocacy is not easy: Give what you can.

[20:36] Just a few people can make real change.

[21:15] Sherry talks about GoodOnU.

[27:05] Sherry shows one of her daughter's artwork.

[32:39] What is good for one is good for all.

[33:30] People with disabilities need representation.

[35:46] How can we get people to get involved?

[39:20] What to do if you are running into a barrier?

[46:41] Advocacy takes different shapes, it can be a small action that then triggers a bigger reaction.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Sherry Caldwell

GoodOnU.ca sells books, t-shirts, hoodies, and hats designed with disability-positive messages in mind. Their books are written by people with disabilities and caregivers and their merchandise is designed to make you feel good, and look good while doing good!

Ontario Disability Coalition

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Brenda Agnew, your host, welcomes Jesse Frohlich to today's episode. Jesse has recently joined the Gluckstein family and shares the professional journey that led him to where he is today.

Jesse received his Bachelor of Arts (Honors) from the University of Toronto in history and sexual diversity studies. During this time, he took opportunities to study abroad which led him to the University of Strathclyde in Glasgow, Scotland where he graduated with a law degree. During his time in law school, Jesse volunteered with the University of Strathclyde Law Clinic where he assisted clients with Employment and Landlord/Tenant disputes. Upon his return to Canada, Jesse completed his NCA exams and was called to the bar in June of 2022.

Jesse is passionate about helping others through difficult times and was thrilled to join the Gluckstein team and work representing survivors of sexual assault. Before being called, Jesse worked at a full-service law firm on various types of personal injury files. He is looking forward to focusing on sexual abuse law and working to assist people through their personal and complex cases. Jesse has over a decade of experience working with the public and strongly values the humanity and service aspects of the legal profession.

Key Takeaways:

[2:54] How did Jesse get to Gluckstein?

[7:35] Jesse worked in customer service for over a decade and he values being part of a great team more than anything.

[8:33] What motivated Jesse to become a lawyer?

[19:05] Jesse took advantage of every opportunity that was presented to him.

[23:35] Jesse came to Gluckstein to assist in the sexual abuse/assault arena, he dives into the meaning this has for him.

[26:45] Jesse shares his passion for helping people seeking justice.

[29:38] How does Jesse prepare himself to work with such difficult cases?

[30:45] Jesse talks about the conference Gluckstein is planning with four survivors of sexual abuse.

[34:54] Brenda and Jesse talk about the stigma around sexual abuse cases.

[39:45] Sometimes it is ok to question authority, we should be able to challenge authority.

[41:37] The number of false accusations is minimal.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Jesse Frohlich

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Brenda Agnew and Jordan Assaraf, your hosts, are joined by Brian Moher to talk about medical devices, products, and patient safety.

Brian joined Gluckstein Lawyers in 2022. He was called to the Ontario Bar in 2005 and has devoted his career to complex litigation. He has acted as Trial and Appellate counsel with experience at the Superior Court of Justice, Divisional Court, Court of Appeal, and the Supreme Court of Canada, as well as being appointed Pro Hac Vice counsel in the United States. Brian spent the first decade of his career as a health law defense lawyer in both civil and professional regulatory proceedings. In 2015, Brian started working as the plaintiff's counsel in medical negligence actions. Brian has practiced as plaintiff class action counsel since 2005. He acted as trial counsel in medical device class actions, including St. Jude Medical v Andersen and Taylor v Canada.

Key Takeaways:

[4:40] What are the differences between patient safety and product safety?

[7:08] Brian shares an example of product and patient safety.

[13:45] When someone gets hurt during medical treatment and there is a product involved, does the involvement of a product complicate the case even further?

[19:24] If a device receives approval from a regulatory authority but through investigation it is determined that the product is unsafe, is there liability against the regulatory authority?

[21:00] Is it easier than a new factory in the medical device space?

[21:53] Will the regulatory authorities start implementing the approval of devices' patient safety at any time in the future?

[23:50] Will the regulatory authorities provide directions to the manufacturer in respect to any specific training on the use of a specific medical device?

[25:06] How does the regulatory authority act when ta patient experiecned a problem with a product? Would that product remain in the market? Would the regulatory authority provide farther directions for the use of that product?

[25:42] Brian shares his advice in respect to patient safety when using any type of medical device.

[27:19] Brian answers the series of "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 Brian Moher

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Brenda Agnew, your host, welcomes Michelle McClure, Executive Director at Ability Online, to have a conversation about the organization, its origins, its work, its mission, and the exciting news they have for the near future.

Key Takeaways:

[1:40] Michelle talks about Ability Online, a supportive online community for children with disabilities to connect with each other that started 32 years ago.

[8:18] Michelle explains the development of a young adult portal until Ability Online became an all-inclusive community.

[10:02] What does Ability Online offer?

[14:29] Michelle speaks about the safety, security, and confidentiality that Ability Online assures for its users.

[17:14] Have any of these online connections moved to an in-person relationship?

[19:04] How did Michelle and her Team keep Abilities Online going for 32 years?

[21:10] The pandemic brought a lot of members back to the Ability Online platform.

[23:41] The content in Ability Online comes from users' requests.

[27:45] Michelle describes how she created a manual for the community partners following the "Jenga model" where the child is at the top.

[29:01] What does it mean to support social accessibility?

[34:02] How is Ability Online founded?

[39:01] What are Ability Online's goals for the near future?

[43:38] There will be a new platform that will be called MyAbility.

[44:31] Michelle talks about Ability Givers, a program that any member could qualify for.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Michelle McClure.

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Brenda Agnew and Jordan Assaraf, your hosts, welcome Simona Jellinek to today's episode.

Simona Jellinek leads the Sexual Abuse and Assault team as counsel. Simona has more than 25 years of representing survivors of childhood abuse as well as adult assaults. She has litigated against religious institutions, Children's Aid Societies, all levels of government, Big Brothers, Scouts, school boards, and many other institutions where people are placed in harm's way. Simona has litigated hundreds of cases and has helped her clients achieve some of the highest settlements for sexual abuse cases in Canada.

Simona is one of Canada's most experienced and successful lawyers in the complex and unique area of sexual abuse and assault litigation. Her experience in the area allows her to provide effective legal advice with knowledge and compassion. She has dedicated her life to helping survivors of sexual trauma in their journey toward healing.

Key Takeaways:

[4:25] Where did Simona start practicing first? What was her first sexual abuse case?

[9:33] How did Simona play a role in changing the limitations on sexual abuse cases?

[12:10] Simona explains the relevance of lifting this limitation from sexual abuse cases.

[17:30] Simona shares the response of sexual abuse survivors to the change in the law.

[26:18] Simona talks about her work on sexual abuse happening in foster homes.

[29:35] Simona speaks about her work in cases with big and prestigious organizations accuses of institutional abuse.

[36:43] Change happens with difficult cases.

[39:28] Simona talks about joining Gluckstein Lawyers.

[47:57] This or that questions with Simona.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Simona Jellinek

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Brenda Agnew, your host, welcomes Collin and Kyle Scott to today's episode.

Kyle is Ontario-born, given a life against all odds when diagnosed with a physical disability called Cerebral Palsy at the age of sixteen months. However, all the love and support from his village have made him a stronger person. Kyle graduated from college to become an architectural technician but continues to find it challenging to fit into a world that is ill-equipped for those with disabilities. After years of struggling to find his purpose in the architectural field, he decided to write a memoir of his life with Cerebral Palsy.

Kyle is also the author of In A Split Second: Living in the World With Cerebral Palsy and, in today's episode, he is sharing his motivation and mission behind it.

Key Takeaways:

[2:13] Collin gives a brief introduction about Kyle.

[4:30] Kyle only wanted equality.

[6:23] Kyle started college at 18 years old even though he could have stayed in school until 23 years old.

[8:40] Kyle was not the only one affected by cerebral palsy, his family is with him on the journey.

[11:00] Brenda shares her son's experience meeting his best friend who always saw him beyond his disabilities.

[16:50] Sometimes the real world is not nice, nor fun.

[18:04] Collin shares the challenges that high school presented to Kyle and all other children with different capabilities.

[22:30] Collin talks about how love fuels the relationship with Kyle.

[25:20] Collin speaks on his work in regard to educating people on how to treat Kyle.

[27:10] Kyle wants to share his experience dating.

[28:50] Kyle shares the most challenging things he faced while online dating.

[34:15] Anything is possible.

[36:15] Kyle's book is written for future generations.

[37:48] Kyle affirms that he has a normal life.

[38:12] Collin talks about how he discovered Kyle's sense of humor.

[42:01] Kyle talks about his projects apart from the book.

[46:34] Collin explains why Kyle got "Spunky" as a nickname.

[49:30] Kyle shares his advice: Never give up and challenge yourself.

[51:12] Collin speaks about the power of positive criticism.

[52:35] Kyle shares the impact her fifth-grade teacher's words had on him.

[57:55] How can we educate people to make things easier for people living with disabilities?

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Kyle Scott

Email Kyle at kylenscott.ca@gmail.com

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Brenda Agnew, your host, welcomes Ivanna Iwasykiw. Ivanna's personal Injury practice is focused on representing survivors of sexual assault, childhood sexual abuse, sexual harassment, revenge porn, invasions of privacy, and institutional abuse. Ivanna is a compassionate, practical, relentless lawyer, and a fierce advocate. She hopes that in assisting survivors in seeking justice and closure, she can help them find their power again.

In today's episode, Brenda and Ivanna address several crucially important matters including cyberbullying, internet harassment, and revenge porn. They also dive deep into the Duty to Accommodate and the power of Human Rights as a mechanism for change.

Key Takeaways:

[4:27] Ivanna shares why she covers many areas in her practice.

[9:51] Ivanna talks about the bond between cyberbullying and internet harassment.

[14:30] Ivanna shares a powerful example.

[15:35] Ivanna explains what is considered cyberbullying.

[16:50] Ivanna explains how cases of revenge porn work.

[19:15] What happens to the victim of cyberbullying?

[22:11] When should someone report a post?

[26:15] What is the responsibility of schools or any other third party in a cyberbullying incident?

[29:35] Most of the time parents don't know where to go when their child is being cyberbullied.

[30:30] What role does the police play in cyberbullying?

[35:18] Ivanna talks about the Ontario Safe Schools Act.

[38:55] What does the Duty to Accommodate mean?

[42:15] The Duty to Accommodate is intended to prevent discrimination against people with disabilities.

[44:02] Ivanna shares how the Duty to Accommodate applies in cases of pregnancy and religious contexts.

[45:23] Brenda shares an experience where her son had no available access to see his brother playing hockey.

[49:32] Ivanna explains what Undo Hardship means.

[54:13] Ivanna talks about the power of human rights as mechanisms for change.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Ivanna Iwasykiw

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Brenda Agnew, your host, welcomes Kevin J. Collins to today's episode. Kevin is the president and CEO of Easter Seals Ontario. Kevin has a long-standing history of working with children with disabilities, he was born with cerebral palsy and uses a walker himself for mobility. He was the Easter Seals Provincial Ambassador "Timmy" in 1976 and in 1991 joined the organization as Manager of Corporate and Special Events.

In this episode, Kevin shares about the amazing journey that led him to where he is today, he explains the mission of Easter Seals Ontario, which turns 100 this year. 100 years of supporting children with physical disabilities for them to thrive and reach their goals and dreams.

Key Takeaways:

[1:56] Kevin talks about his work at Easter Seals Ontario and how he got to his position there.

[10:02] Kevin explains what Easter Seals is all about.

[11:36] The Eastern Seals is turning 100 years old on November 28th 2022.

[15:31] Kevin talks about the funding aspect of the organization (that doesn't receive any support from the government).

[19:03] Brenda and Kevin talk about the items needed by some disabled children that are not covered by health insurance and are achieved through funding.

[27:50] Brenda shares her family's experience with the camp and how they became hooked.

[30:25] Kevin describes the activities they organize at the camps.

[34:35] Brenda shares the extra help she received when her son went to Easter Seal's camp for the first time by himself.

[36:30] How can people support Easter Seals?

[39:14] Kevin speaks about Easter Seal's scholarships.

[42:25] Kevin shares how incredibly challenging have been the last two years.

[43:57] Kevin describes how Virtual Camps came to life.

[46:44] Kevin shares the plans of offering overnight camp this summer.

[47:31] The age has been extended for those wanting to participate in the camps (up to 37 years old!)

[50:05] Kevin wishes to inspire children to take his place as President and CEO of Easter Seals.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Kevin J. Collins

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Brenda Agnew, your host, is welcoming Jill Teeple to today's episode. Jill is an investment advisor with BMO Nesbitt Burns and is also Gluckstein's Lawyers financial advisor. Jill has helped Canadians make smart money decisions and build profitable investment portfolios since 2008. Jill believes that every person should have a financial plan to help them reach their financial goals. In this episode, she shares her experience working for Community Living London, and her participation with the same organization in Ontario. JIll talks about financing planning for the future of children with disabilities, which is the least served and still, the most in need.

Key Takeaways:

[2:56] JIll shares how she got involved in financial planning.

[6:07] Financially planning the future of your children is the most complex planning you can find but is the least served and the most in need.

[7:30] Jill shares her experience at Community Living London and Ontario.

[19:24] Brenda shares her personal experience facing financial planning having a child with disabilities.

[25:03] Jill and Brenda explain how in financial planning being fair is not the same to be equal.

[29:50] You don't have to be rich to seek financial advice.

[32:25] Find someone you can talk to about your finances, someone that makes you feel comfortable and doesn't point out that you haven't done enough.

[34:33] What is the bare minimum that a family can do for the financial planning of their children? Jill gives amazing advice that most families don't know.

[41:20] Brenda talks about the lawsuit they went through as a family for the malpractice done to one of their children and what happened afterward.

[49:53] Everything you do today is leading up to make sure that you are structured ok, so later you are not excluded from benefits because you have done something wrong.

Mentioned in this episode:

To learn more about the work we do at Gluckstein Lawyers, please visit Gluckstein Lawyers.

Learn more about Jill Teeple

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