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One of my jobs as a personal injury lawyer is to explain to our clients how the law works, and how the law applies to their case.

Most people have ideas about how the law should work. But, those ideas aren’t based on law, fact, or anything else. Rather their ideas about how the law works are based on feelings, or something they’ve heard in passing from a friend, colleague, or family member (usually not a lawyer).  People want to believe what they want to believe. They have preconceived notions about how car accident law, and Ontario’s laws surrounding compensation should work. This is based on what they perceive to be “fair” and how they perceive the system to operate without having done any research at all.

The biggest misconception about car accident law in Ontario is that it’s fair.

The cold, hard, truth is that the laws surrounding car accident law, and the way which Courts compensate accident victims in Ontario is NOT FAIR AT ALL.

I’ve never heard anyone say that laws were meant to be fair, in particular, man made laws.

In fact the laws were drafted in such a way as to minimize the exposure of car insurers as much as possible so that they can maximize their profits. In turn, those savings which the insurers presumably were making on lower exposure were supposed to be passed along to the consumer in the form of lower auto insurance premiums. This pipedream never happened. What we see instead is that everyday Ontario drivers are paying more in car insurance premiums; and getting less in terms of coverage and benefits. This is shrinkflation, only it’s harder to see and to understand because insurance is not a physical product that we can taste, see or touch. Nor is it a product which we purchase everyday at a store, or online. Insurance is a product which people use everyday in the background, but hope to never have to call upon in the event of an unfortunate accident. It’s for those reasons that people remain unfamiliar with how it works. I tell people all the time that buying insurance, and making a claim isn’t like buying a pair of shoes or a litre of milk at a store. It’s much more complicated than that.

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When is a car accident, a car accident?

This seems like a silly question, which shouldn’t matter in the grand scheme of things.

Why is it so important if it’s a car accident, or not?

There is potentially $1,000,000+ at stake if it’s deemed to be a car accident, or not. And here’s why.

In Ontario, we have a complex system of no fault accident benefits, which are only available if the accident is deemed a car accident (or an accident arising from the use or operation of a motor vehicle).

If it’s not deemed a car accident, then the injured accident victim will NOT have access to accident benefits. This means that they will not be eligible for an income replacement benefit ($400/week), attendant care benefit ($3,000/month),  or paid rehab benefits through a car insurer. Accident benefits provide interim support to injured accident victims. If the injuries ar very serious, they might be deemed catastrophic, which will allow the injured accident victim to access over $1,000,000 in accident benefits.

So, this seemingly mundane question of whether or not this was a car accident or not is a potential “million dollar question“. As such, you can see why lawyers put so much effort into answering these questions. There’s a lot at stake for the Applicant (injured accident victim), and the Respondent (the insurer).

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I guess I’m what you would call an industry insider when it comes to car accident cases.

I’m an industry insider because I have a lot of experience seeing and litigating personal injury cases arising from motor vehicle accidents (cars, SUVs, bikes, motorcycles, pedestrian collision knockdown cases etc.).

How the law works when it comes to personal injury cases is normal for a lawyer like me. But not so normal for a person who doesn’t know how the law works, or who has no experience with car accident or personal injury cases.

One of the things I share with my clients, and with prospective clients is that the law surrounding personal injury cases involving a motor vehicle is very odd; and very unfair. Coming to terms with these strange and one sided laws is difficult for most people. But, there is little a person can do to change the laws, other than lobby for government for change.

The reaction I get from people when I tell them how the law works is almost always the same. Paraphrased common reactions to these laws include:

  • That’s really messed up
  • Why did they they do that?
  • WTF?!?!
  • How can they get away with that?
  • This seems really unfair
  • This is criminal
  • Why am I getting screwed (again)
  • But I didn’t do anything wrong, so why am I being punished?
  • Will this effect my car insurance premiums?

What sort of circumstances prompt these types of reactions for car accident cases in Ontario?

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I was sitting with a friend on a 3 hour flight. We’ve known each other for around 10 years or so. In the time knowing each other, I can’t recall ever speaking with him about work. This is largely because of the privilege which attaches to the lawyer-client relationship. We don’t blab about the ins and out of our clients cases. We take the privacy and confidentiality of our clients cases, and their circumstances very seriously. But, another part of the equation that I don’t speak with him very much about work is because I never thought that he would be all that interested with the ins and outs of a private personal injury practice. I didn’t consider that things which I don’t find very interesting like freakish fact patterns surrounding liability; tricks which insurers play on innocent accident victims; lies which people make under oath; poor police work when investigating accidents; or the ups and downs of litigation can be interesting for some people.

On that flight, my friend wanted to know how much time I spent in Court. This is a common question I field from many people. Naturally, when people who aren’t familiar with the legal system think about lawyers, they think about going to Court and trying a case before a Judge and Jury. But, if you are a solicitor (a lawyer who doesn’t practice litigation), then you aren’t going to Court at all. Solicitors are lawyers who facilitate transactions. They are the ones who draft wills, facilitate commercial transactions, do real estate deals, loans, mortgages, promissory notes, immigration work, draft contracts, mergers and acquisitions, international trade agreements etc.

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Every year, we dedicate an entry of the Toronto Injury Lawyer Blog to reader questions. These questions are from our trusted readers. So, with today’s instalment, we will dip into our mailbag to answer some of your questions. We aren’t able to get to all of your questions in a single entry, so only a few questions are addressed. If you have any questions moving forward, reach out to us at info@goldfingerlaw.com or on “X” @GoldfingerLaw or your can call us with your questions as well.
1. Is the money which I receive in my personal injury settlement taxable? Do I have to notify my accountant about the settlement?
We aren’t accountants at Goldfinger Injury Lawyers. We’re personal injury lawyers. Accordingly, we can’t give tax advice. If you want tax advise, please consult with an accountant. Having said that, we can tell you that settlement funds from a personal injury settlement art non-taxable. This doesn’t mean that you don’t have to pay HST on legal fees. HST applies to the legal fees which are charged to you, and this will be reflected on your account from your personal injury lawyer.
2. Do I have to tell ODSP or Ontario Works about my personal injury settlement?
Yes you do! In fact, this is very important to do; particularly if you want to continue receiving ODSP or Ontario Works benefits. If you don’t tell ODSP or Ontario Works about your settlement, and the find out that you’ve come in to a large sum of money; these institutions will likely demand a reimbursement of the funds paid out to you and simultaneously terminate payment of benefits until such time as they’ve been paid out what’s owed to them. Often, these institutions will require that you sign an Authorization and Direction to Reimburse; which requires that you or your personal injury lawyer pay them the amount of benefits which have been paid out to you since the date of the accident. This is normal practice, and it’s why it’s important to notify your case manager about the settlement.
3. How long will it take to get my personal injury case settled?

This is the #1 question which we receive from readers and from past and current clients. All of our personal injury lawyers would love to snap their fingers and settle a case on command. Unfortunately, that’s not the way which personal injury cases work. The vast majority of personal injury cases take months, if not years, in order to get settled. That’s the cold hard truth. We aren’t talking about days or weeks. We are talking about many months and years. There’s a lot of reasons for this. For starters, if you are talking about an accident benefit case (car accident, non tort), then the accident benefit insurer is statutorily bared from settling the case within one year from the date of the motor vehicle accident. Any settlement agreement entered into before the first year has expired won’t be legally valid. But, this only applies to accident benefit cases. This does not explain why it can take so long for non-accident benefit personal injury cases to settle. There are a lot of reasons why cases take time. For starters, healing from a serious accident takes time. Chances are your injuries won’t plateau for at least a year, if not longer. If your case settles at the year mark, but you need surgery for those same injuries which you incurred in the accident, the the value of the settlement will not reflect the damages incurred given the pending surgery, recovery time, time loss from work, rehab costs etc. Another reason applies to coverage issues, which can take a long time not only to get sorted out, but for insurers to come to grips that they will be on the hook for. When insurers don’t agree as to a funding formula, personal injury cases take even longer. How about when liability, causation or damages are all disputed? The case won’t settle. How about when there is surveillance of the Plaintiff which causes issues as to the Plaintiff’s credibility? This is yet another wrinkle which will delay any potential settlement. How about cases where there is no insurance at all, and the matter has to be claimed either from the Motor Vehicle Accident Claims Fund (in the case of an uninsured car accident), or personally against a Defendant in a personal injury case other than from a car accident. 
4. How much will my case settle for?
It’s true that approximately 99% of personal injury cases settle outside of Court. But, what’s unknown is for how much. Some cases settle for ZERO, because the cases have no merit, or because the Plaintiff sees too much risk in pushing the case further along; or the Plaintiff simply does not wish to pursue the case any further. It’s impossible for a personal injury lawyer to predict with mathematical certainty how much, or for how little the case will settle. Clients ask for their personal injury lawyers to be fortune tellers and predict the future. Unfortunately, law school does not teach personal injury lawyers to predict outcomes in a crystal ball. Every case is unique and every case presents its own set of challenges. An experienced personal injury lawyer will move the case forward as best as possible and deal with the hurdles presented to them in order to maximize the compensation on behalf of their client as best as possible. IMG-20231227-WA0000-225x300
5. Will the Toronto Maple Leafs win the Stanley Cup next year?
They are oh so bad! Yet, they seem to be very popular, and very polarizing with NHL fans. If you can say one thing about the Toronto Maple Leafs is that they’re due! They haven’t won since the Moon Landing (1969), so you gotta think that the time is right. Right? Even a broken clock is right 2x per day, so you gotta think that luck will be on their side and they will pull one out for old times sake. Yes, the Toronto Maple Leafs will win the Stanley Cup next year. And, if I’m wrong, then so be it. Maybe the year after that, or after that, or after that (put that on repeat since 1967. This is the sign of a true Be-Leafer!)

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Last week a person called and told me about their car accident. It was pretty serious accident which took place at high speeds. The photos of the damage to the vehicles were frightening. Air bags deployed, cracked windshields, crushed bumpers, crumpled hoods and side panels. You couldn’t recognize the makes or models of the vehicles involved in the crash. It was like a scene out of a demolition derby, only it wasn’t an organized event for sporting entertainment. . It was real life. Everyone involved in the crash were luck to be alive.

The people involved in the car accident were rushed by ambulance to hospital. The x-rays and other digital imaging didn’t show any objective injuries. So, the doctors discharged the accident victims telling them to take some Tylenol or Advil, go see their family doctor, and to look in to getting physiotherapy. This might seem strange for some people who aren’t familiar with how car accident cases work, or with how Ontario hospitals work. But as a personal injury lawyer, I see this discharge routine all too frequently. If there isn’t anything broken, or which shows up on any scan or test, people are discharged from hospital fairly quickly in order to make room for the next patient to arrive. The responsibility is then on the client to see his/her family doctor, and arrange for physiotherapy.

But how do you go about arranging for physiotherapy, and who will pay for it?

These are great questions! It sounds easy enough to get physiotherapy, but it isn’t as easy as you would think.

The easiest way to get treatment after a car accident is to find a clinic near your home. Going to a clinic that’s hard to get to isn’t convenient for regular attendance at physiotherapy which is generally what’s required to see results. Once you’ve found a clinic nearby, the easiest way of getting treatment is paying for it out of pocket right there on site.

But that’s not fair considering that you weren’t at fault for the car accident; and considering that you have car insurance which is supposed to pay for this sort of treatment. Paying out of pocket also isn’t always an option due to financial constraints and because paying for regular treatment over the course of time gets very expensive.

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The penalties for driving without car insurance need to be more harsh. When you factor in that the cost of car insurance can range from $3,000-$5,500/year depending on the make of your vehicle and driving record; compared to the $5,000 first time penalty for driving without car insurance, the risk/reward scenario for deliberate offenders who are without any tangible assets is borderline tempting…Especially for those who are struggling financially.

But we aren’t advocating that anyone drive without car insurance.

Section 2(1) of the Compulsory Automobile Insurance Act states:

Compulsory automobile insurance

2 (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,

(a) operate the motor vehicle; or

(b) cause or permit the motor vehicle to be operated,

on a highway unless the motor vehicle is insured under a contract of automobile insurance.

What this means is that you need car insurance in order to operate a motor vehicle. What is the penalty if you are caught driving without proper car insurance? Let’s take a look at what the Compulsory Automobile Insurance Act says:

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One of the super powers I wish that I have as a personal injury lawyer is the power to compel the defendant insurance company to settle any case on demand, for exactly what my clients want out of their case. Regardless of the merits of the case when it comes to liability, causation, or damages Wouldn’t that be wonderful! The terms of the settlement are exactly what my client has demanded; and the settlement happens at the exact time when my client expects the settlement to take place.

This would be a remarkable super power, because this is not how personal injury litigation works.

It’s very rare that a case gets resolved exactly when, and on the exact terms which any party (regardless of whether it’s a Plaintiff or Defendant) is asking for.

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I’ve been a Toronto Raptors fan since Day #1.

2019 was a magical championship season. But outside of the 2019 season, the Toronto Raptors have been a hot mess.

Did you know that the Toronto Raptors have competed in  23 playoff rounds in their 30 year history. In those 23 playoff rounds, they have lost Game #1 an astounding 18 times!?!?!?  They have lost 72% of their Game #1 playoff games in the course of their history! They’ve only been up 1-0 in the playoffs just 5 times in franchise history! 2 of those 5 Game #1 wins came during their 2019 Championship Season! They’ve had roster turnovers, coaching turnovers, staff turnovers. It doesn’t matter. The just lose 72% of their Game #1 playoff matchups which is insane to grasp. Even in 2019, that Championship Season, they lost Game #1 of the playoffs to the Magic; they lost Game #1 Eastern Conference Finals to the Bucks. Is this a Game #1 Playoff Curse, or is it a sign of a franchise which is either ill equipped, under prepared, or just isn’t serious about winning. Different iterations of the team, yet the same results ensue.

Despite their 2019 title, the Raptors hold a cumulative woeful playoff record of 57–67 (.460). They have been eliminated in the first round in 7 of their 14 total playoff appearances! That number of first round playoff exists might go up yet again in a few days.

The Toronto Raptors have historically struggled to maintain a winning standard, as evidenced by an all-time regular season winning percentage of .474 (1,172–1,302) as of the 2025–26 season. Their playoff winning percentage is just .456, which marks them as a loser. This record places them in the bottom third of the league historically, ranking 21st out of 30 teams in all-time win-loss percentage. Ouch.

If you’ve watched the Raptors through their history, you’ve seen them lose more than they win. If they’ve made the playoffs, chances are that they lose Game #1, and then lose in the opening round of the playoffs (this has happened 50% of the time).

Compare that to the Miami Heat which has an all time winning percentage of .525 and a .545 winning percentage in the playoffs. The Boston Celtics have an all time playoff winning percentage of .574. The San Antonio Spurs have an all time playoff winning percentage of .552. All of these franchises post marks which completely put to shame the Toronto Raptors.

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It’s quite difficult for a Plaintiff in a personal injury case to properly articulate the pain and suffering which they are going through.

How do you express those feelings of daily pain, suffering, depression, anxiety and trauma. Words often don’t do justice.

Sometimes, on the stand at trial, or perhaps under oath at an Examination for Discovery, it’s not the words which are  impactful. It’s the tears. It’s the weeps, the sobs, the grasping for words and conveying a sense of complete breakdown with no words at all. Sometimes, it’s even a Plaintiff fainting, or having a panic attack such that they need to be wheeled out on a stretch by paramedics and put in the back of an ambulance.

All of this is to suggest that it’s very hard for a Judge, Jury and Insurer to understand the depths of pain and trauma which a Plaintiff feels after a serious accident with words and words alone.

But, this is how our legal system works. A Plaintiff is required at some point in the process of their litigation, to articulate their injuries and the impact which those injuries have had on their lives, under oath. This isn’t easy under any sort of circumstance. When you factor in that it’s likely the Plaintiff’s first time involved in litigation; and knowing that this is their one shot at getting things right along with the pressure and stress that brings, it’s a lot to handle.

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