Toronto Injury Lawyer Blog

Published on: December 19, 2024

Holiday Party Dos and Don’ts

The Holiday Season is upon us. And with the Holidays comes a lot of celebration. Office holiday parties. Family holiday parties. Friend holiday parties. Sporting team holiday parties. You name it. People will get together and party.

And with parties comes responsibility. Whether or not you’re a host, or a guest, you have a job to do.

With this edition of the Toronto Injury Lawyer Blog, we will review some dos and don’ts for the holiday party season.

Don’t Overconsume

Will there be alcohol at your holiday party? Probably. Will there be cannabis? Perhaps. Will there be edible cannabis products? You never know. Either way; whatever it is that you consume, do it responsibly and don’t over do it. This is not only to keep you and others safe. It also applies to those office parties or other social gathering when you can end up saying (or doing) something that you will regret on account of having too much to smoke or drink. Just because something is legal (alcohol or cannabis) doesn’t mean that you or your guests are entitled to consume it until they can’t function. In some cases, the host can be held responsible for the over consumption of their guests. This concept is known as social host liability. While social host liability is not easy to prove, it exists and can be established in certain situations. In fact, the Supreme Court of Canada examined the concept of social host liability in a case called Childs v. Desmoreaux [2006] 1 S.C.R. 643, 2006. It’s an interesting read for all those interested in the concept of the responsibilities of a social host for a party involving alcohol, along with the concept of social host liability.

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Published on: December 12, 2024

How the Canada Post Strike Impacts your Personal Injury Case

By Goldfinger Injury Lawyers

The Canada Post strike is in week 4. The Federal Government has refused to intervene. This is rather odd given that they choose to intervene in some labour disputes, but not others. How they pick the ones to get involved with, and the ones to leave alone seems to be completely arbitrary, or out of touch, of the lives of Canadians.

The Canada Post strike isn’t just impacting your holiday packages and cards. It also has an impact on your personal injury case. How so?

Let’s share with you a sneak peak of how Canada Post and overall mail delivery is important to a personal injury law firm, and your personal injury case.

Not Everything Arrives via Fax, Email, Courier, or Bank Transfer

Lawyers use regular mail!!! Lawyers use regular mail a lot! So do doctors, accountants and other small, medium and large sized businesses. But the thing about lawyers is that we write letters. (Dave Letterman Mailbag Theme song here) We write letters. We write lots and lots of letters…LETTERS!!!! Sometimes the enclosures to these letters are large volumes of documents. Other times they are encrypted data keys. In any event, lawyers use Canada Post to get information out, or messages out in order to move the case forward. Because of the Canada Post strike, lawyers are resorting to using more faxes, emails and couriers. But the problem is….

Not everyone uses faxes and emails

I know that statement sounds crazy, but please hear me out. Many government agencies and offices still operate in the stone age. They don’t, or won’t, transmit documents via fax or email. The reason which some give is that it’s not safe or secure. But, I suspect that it’s because they don’t have the capacity or capability to do so. Lots of offices may not have large capacity scanners to get the job done. It’s easier to photocopy the records and send them out in the mail. OHIP Summaries still arrive from the Ministry of Health by regular mail. Police Reports and Officer’s notes and witness statements still arrive from many police forces by regular mail. Clinical notes and records from many hospitals (not all, but most), still arrive by regular mail. Clinical notes and records from many doctors offices still arrive by regular mail. To make matters even more complicated, in order to get these records, payment is required. Payment, in the overwhelming majority of cases is made by cheque, which arrives by regular mail. Do you really think that you can get a government clerk on the phone to make a Visa payment? Do you really think that all government offices and administrators have the systems and capability to receive payments online across multiple platforms? The reality is that the majority of government and civil service offices are set up to receive payment either in person (credit, debit), or via cheque received by regular mail. Their offices internally are also set up to produce documents and correspondence by way of regular mail. Still to this day, hospital records, medical records, police reports, officer’s notes, witness statements, tax returns, employment files: they are all mostly sent out by way of regular mail from source.

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Published on: December 5, 2024

Every Long Term Disability Policy is Different

By Goldfinger Injury Lawyers

The fine print matters. It especially matters in long term disability claims.

The overwhelming majority of personal injury cases are tort cases. They are not predicated on a contract.

Car Accident Cases

Dog Bite Cases

Slip and Fall Cases

Assault Cases

Product Liability Cases

All of these claims are based on negligence in tort law. They are not based on a contract.

Long Term Disability cases are very different because they are entirely based on contracts. That means that the wording of the long term disability policy (the contract) is very important to whether or not the case succeeds, or fails. One word in the contract can change the entire case.

A Plaintiff can be very seriously injured. But, if the wording of the long term disability contract is not in their favour, they might not win the case.

It’s important for a Plaintiff to know that the wording of every long term disability policy is different. This is significant because just because somebody you know won their long term disability case does not mean that you will win your case as well. There are so many different variables which go in to winning (or losing) a long term disability case. The wording of the long term disability policy is a great place to start.

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Published on: November 26, 2024

Bad Weather and Personal Injury Cases Go Hand In Hand

By Goldfinger Injury Lawyers

It’s snow tire time. We’ve had some pretty mild weather thus far in Ontario, but it’s getting to be that time of year. Don’t believe me?

Today the Weather Network announced that Ontario would get hit with its first blast of winter. They are predicting up to 60cm of snow in some regions on account of lake effect snow. They are warning drivers this will be the first hit of winter, with some hazardous winter driving conditions.

A few things to note:

The people/networks which predict the weather are often wrong. These are only weather predictions so they aren’t going to be correct 100% of the time. Catchy headlines are used to engage readers (pay per click). Reporting on the weather that everything is fine and there is nothing to worry about won’t engage as many eyeballs. But predicting doom and gloom entices more people to click and read. So take these predictions with a grain of salt.
Having said that about false weather predictions; we’re certainly due for a meaningful snowfall in Ontario. We are in the last week of November, and we haven’t really felt, or seen the winter. That means it wouldn’t surprise me if we got hit with a winter storm of some proportion. How big, or small that storm will be is anyone’s guess.
The first snowfall of the winter makes for erratic driving! It seems that people forget how to drive when it snows, or they’ve never driven in snowy conditions before. Both statements can be true. Not everyone on our roads knows what it’s like to drive, or how to drive, when it snows. Snow, sleet, slush and ice create unique driving conditions which are only seen in winter weather countries like Canada.
We also see the procrastination of putting on snow tires having an effect. Many people don’t think of putting on snow tires until it’s snowed a few times and their vehicles are sliding around the roads like sleds. They know that they have snow tires, and that they need them; but they wait until it’s too late to get them installed. That’s quite common. It’s recommended that snow tires be changed over when temperatures consistently fall below 7 degrees; even if it isn’t snowing. Snow tires are formulated to grip better when it’s cold. With global warming, this date is going to be more erratic, and get pushed back later and later.
On that note, here is a free marketing opportunity for any tire brand (Michelin, Cooper, Bridgestone etc.) or the tire industry. National Snow Tire Changeover Day. This idea would be good to heightening awareness about snow tires, and giving people a reminder to get them installed. It may also increase sales of snow tires. The companies can also provide incentives to purchasing and installing tires on National Snow Tire Changeover Day. The problem you might encounter is that the day might change depending on the weather. Hot temperatures would delay it, while fast cold snaps might move it forward. The National Date might also vary depending on where you live. You would have different temperatures and climates depending on the province (or area within a province) where you live. In any event, I’m sure that the marketing executives at the tire companies can figure things out. That’s why they’re paid the big bucks.

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Published on: November 20, 2024

Not Being Able to Sue for Personal Injuries in a Car Accident Case

By Goldfinger Injury Lawyers

This week, the Provincial Government of Alberta will announce that people will no longer be able to sue for personal injuries arising from a car accident. I hate seeing when governments take away the rights of innocent people to best suit their corporate overlords.

This dramatic change to the law means innocent accident victims won’t be able to sue for personal injuries against:

Drunk Drivers
Distracted Drivers
Drugged Up Drivers
Incapacitated Drivers
Careless Drivers
Drivers too high to operate a vehicle
Driving driving illegally without a license
Grossly negligent drivers
Drag Racers
Stunt Drivers
Criminals who have stolen a car and who operate their vehicle like it’s Grand Theft Auto causing a serious collision and life threatening injuries. See the serious collision which took place on November 18, 2024 at Bathurst and Wilson in North York where a driver on bail operating a stolen vehicle hit a TTC Bus, injuring 9 innocent individuals.
Defendants who drive their vehicles so poorly, and so negligently, that they cause death to innocent people who are simply in the wrong place, at the wrong time
Anyone else who acts a fool behind then wheel and causes injuries to another innocent person

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Published on: November 12, 2024

Types of Fraud in Personal Injury Cases

By Goldfinger Injury Lawyers

Having practiced personal injury law for over 20 years, I can tell you that fraud for personal injury law claims does exist. But, it does not exist to the extent the insurance industry wants you to believe. The numbers for what you and I believe to be fraud are lower because what the insurance industry accounts as fraud is more all encompassing that you would suspect in order to inflate those fraud statistics in order to justify rate hikes. Some classic examples of fraud for personal injury cases include things that would come to mind when you think of personal injury insurance fraud.

Staged Car Accidents

Fake, or staged car accidents, in order to recover money and benefits in personal injury cases are a real thing. But, fraudsters are really playing with fire with these sort of cases. After a car accident happens, people call the police. The police investigate car accidents. And if the police don’t come to the scene of a car accident, then it’s expected that the parties which are involved in the car accident report the collision to the accident self reporting collision centre. It’s not wise for a fraudster to voluntarily call the police after their scheme, but this is exactly what is supposed to happen. The police can sometimes detect the fraud at first site. Insurance companies are also very good at detecting staged car accidents. They have their own investigators to look in to claims which don’t pass the sniff test so to say. This is not to suggest that every car accident gets investigated by an internal fraud team at an insurance company. But, when things don’t line up, the insurers can sense it and will then do what they need to do in order to look in to the suspected fraud.

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Published on: November 6, 2024

How do Personal Injury Cases Settle?

By Goldfinger Injury Lawyers

So, you’ve been hurt or injured in an accident.

You retain a personal injury lawyer (hopefully Brian Goldfinger or one of our team members at Goldfinger Injury Lawyers).

The case is running smoothly.

How and when will my personal injury case settle?

These are great questions! Let’s start by answering the easier question first.

When will my personal injury case settle?

The straight forward answer is that personal injury cases take time. There is little rhyme or reason as to when a case will settle. We tell all of our clients that the time which a case will settle varies, and is unpredictable. A personal injury lawyer cannot snap his/her fingers and command that a case settle for a certain amount of dollars. That’s just now how personal injury cases work. The only thing we know for sure is that cases take time to settle, so don’t expect anything to happen quickly; although sometimes things do happen quickly! You never know. And that’s the scary thing, but that’s also the exciting thing. You never know when you get a pleasant call from your personal injury lawyer presenting you with an offer. The next thing you know, you’re deep into negotiations and a deal gets done. Case closed.

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Published on: October 30, 2024

Personal Injury Thoughts and Tips for Halloween

By Goldfinger Injury Lawyers

If you were to take a poll of children under the age of 13, Halloween would likely rank in the top 2 on the holiday ranking. It’s the Superbowl for the kids! Can you blame them? Getting to dress up in costume while knocking door to door and getting free candy? What could be better?

Many have fond memories of Halloween.

But those memories should not be dampened by shrinkflation of candy or on account of personal injury. The notion of shrinkflation of Halloween candy is a real thing. Those mini candy bars, or bags of chips; cost more money but they are smaller! That’s shrinkflation. Some say that it’s good for the kids given that they will consume less; thinking that they are consuming an entire package of something. But something feels rather devious about cheating kids out of Halloween candy. Perhaps it’s devious because parents are paying more, but getting less in return for their hard earned after tax dollars. In any event, keep an eye of of shrinkflation of Halloween candy and treats this season.

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Published on: October 23, 2024

The Elimination of Automatic Income Replacement Benefits in Ontario

By Goldfinger Injury Lawyers

If you are injured in a motor vehicle accident, regardless of whose fault the accident is; you are entitled to claim an income replacement benefit of up to $400/week. That income replacement benefit can be increased to $800/week if you purchase an optional rider on your car insurance policy.

The income replacement benefit was automatic if you were an income earner, and if you met the disability test. This means that you needed to show that you made money (hard to show cash income) and that you were too disabled from returning to work.

You did not have to purchase any additional benefits, or pay extra on your policy to qualify for the income replacement benefit. It was part of the standard automobile policy in Ontario.

Even if you didn’t own a car, or have a driver’s license, you were still entitled to claim the income replacement benefit if you were hurt or injured in a motor vehicle accident. That meant that innocent pedestrians, cyclists, or simply those who didn’t drive had the same access to income replacement benefits as those who did drive.

Things are changing when it comes to the income replacement benefit.

Ontario Regulation 383/24 was announced in the Ontario Gazette on October 11, 2024. Beginning on July 1, 2026, the income replacement benefit will now be optional:

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Published on: October 16, 2024

Chronic Pain and Personal Injury Cases (Ontario)

By Goldfinger Injury Lawyers

Chronic Pain is a real thing.

But just because it’s real, doesn’t mean it’s easy to prove in a personal injury case.

In fact, chronic pain cases are probably the most difficult types of injuries which personal injury lawyers have to prove on behalf of their clients.

But, why are chronic pain cases so difficult?

That’s an easy answer once you know how personal injury cases work.

Most people who are unfamiliar with the Courts, and how personal injury cases work would believe that chronic pain cases are easy. It would entail having a Plaintiff take the stand, and s/he can explain the the Judge and Jury that they are in extreme pain and cannot function. Taking things one step further, the Plaintiff would then have the power to take the Judge and Jury home with them, to see how difficult it is for them to manage their daily activities. The Judge and Jury would sleep over, and watch how hard it is for the Plaintiff to fall asleep, get out of bed in the morning, shower, get dressed, brush their teeth, prepare meals, wash the dishes, take out the trash, clean the house etc.

This is not how Courts work. You cannot bring the Judge and Jury home with you to see how hard life has become since the accident.

The Plaintiff gets one shot on the stand. When they take the stand, they have to articulate their pain in such a way to convince a Judge and Jury to accept their story such that they ultimately make a ruling in their favour. If a Plaintiff does not present as credible, reliable or likeable, chances are that the Judge and Jury will not accept their story (even if that story is the truth!). Not only that, if a Plaintiff is not able to properly explain their pain, suffering and the difficulties that they have with their day to day activities (even if this is completely legitimate), a Judge and Jury might still have a hard time finding in their favour. That means that it’s not always about what’s being said, but sometimes it’s also about how it’s being said, and how that message if being received by a Judge and Jury.

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