The pandemic had a profound impact on the litigation world in 2021

Barrie-area litigator Steve Rastin and senior counsel at Rastin Gluckstein, examined issues from the need to strike civil jury notices to the evolving impact of the COVID-19 pandemic on civil litigation during the past year.

Rastin opened the new year by merging with Toronto-based Gluckstein Lawyers, explaining the partnership creates a new entity in Barrie and Simcoe County called Rastin Gluckstein, with Gluckstein maintaining its flagship operations on Bay Street. Rastin looking forward to the future after Gluckstein merger

In February, he said the Ontario Court of Appeal’s forceful restoration of an order to strike civil jury notices comes at a crucial time for the justice system, adding the Court “should be commended for showing the leadership to render such a strongly worded decision. This is a real-world ruling dealing with real-world problems faced by civil plaintiffs in the age of COVID.” Court issues ‘real-world ruling’ in appeal of civil jury decision

Case cited as potentially precedent setting

In his March post, Rastin examined a divisional court case he expected could have a profound and lasting effect on personal injury cases and victims’ ability to access benefits. ‘Insurance company looking to overturn 27 years of jurisprudence’

The following month he noted Ontario hospitals faced their darkest hours during the third wave of the coronavirus pandemic as intensive care units struggled to deal with an unrelenting influx of COVID-19 patients. COVID crisis is taking its toll on overburdened emergency rooms

In May, Rastin commented on his role as vice-chair of the Ontario Trial Lawyers Association’s long-term disability section, calling it  a unique opportunity to help lawyers from across the province as well as improving his professional skills. Rastin is excited to share LTD expertise as OTLA vice-chair

He commended an amendment to the Solicitors Act which addressed contingency fees for bringing “transparency and uniformity” to the process. But in that June post, Rastin added the question of how well it will work is still up for debate. Time will tell if contingency fee reform is effective

Options available in human rights violations

In July, he reminded Individuals who feel that their human rights have been violated that they have options available to them other than turning to the courts. There are options when your human rights have been violated

The next month, as vaccines slowly returned some normalcy to a world living under the cloud of coronavirus, Rastin warned that long COVID threatens to be the next health-care crisis and it could have a profound effect on long-term disability claims. Long-hauler insurance claims could be the next COVID battleground

In September he noted COVID’s seemingly unrelenting grip could have a profound impact on civil litigation as society grapples with issues involving health care, employment and human rights. As COVID issues increase, so will the need for litigation

This past Halloween marked the return of trick-or-treating and parties at bars and homes, Rastin said in October, reminding the public to put safety first, especially with COVID social- distancing protocols. Halloween in the time of a coronavirus pandemic

In November, he stated provincial and municipal governments use legislation to insulate themselves against slip and fall lawsuits when they should be “held to the same standard” as average homeowners. Slip and fall victims can be plowed under trying to sue municipalities

Rastin closed out the year saying a move to mass tort lawsuits appears inevitable with the cost of litigation becoming increasingly out of reach for the average plaintiff. Mass torts effective in ensuring access to justice for average plaintiff