Butter Torts: A Truly Canadian Legal Podcast

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

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

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

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

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

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

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:

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:

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:

1. Put 2 packs of semi-sweet chocolate (Bakers or Chipits) in a mixing bowl. Microwave for 2 min. Stir until there are no chunks.

2. Mix in two generous handfuls of slivered almonds.

3. Add two generous handfuls of pretzels broken in the hand.

4. Mix and spread on two cookie sheets with wax paper.

5. Cool in the fridge overnight.

6. Break into 2x2 pieces and store in zip lock bags in the freezer.

Butter 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.