Butter Torts: A Truly Canadian Legal Podcast

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

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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)

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

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: preciousangelsniagara@gmail.com

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

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

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

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

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

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