Butter Torts: A Truly Canadian Legal Podcast

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

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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

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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

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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

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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

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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

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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

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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.

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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 ‌

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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

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