Personal Injury Lawyer

Published on: May 28, 2026

Is Going to Court as Glamourous as it Looks on TV?

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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Published on: May 26, 2026

Toronto Injury Lawyer Blog Mailbag

By Goldfinger Injury Lawyers

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.

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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Published on: April 16, 2026

Plaintiffs only get 1 or 2 shots to properly articulate their pain and suffering

By Goldfinger Injury Lawyers

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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Published on: April 7, 2026

My case on why Toronto Raptors Management should not manage an Insurance Company or a Personal Injury Law Firm

By Goldfinger Injury Lawyers

I love it when I can combine by two favourite topics: the Toronto Raptors and Personal Injury Law into the same blog entry. I’ve been a lifelong Toronto Raptors Fan. I’ve been there since Game #1. I’ve been a fan of the NBA even before the Toronto Raptors came to town.

This year has been really difficult, particularly in the 2nd half of the season, to watch the Toronto Raptors play basketball. They are poorly managed, poorly coached, with pieces which are overpaid which and which don’t fit properly on a basketball court. The product is not entertaining, and the future of the team isn’t looking very bright when you consider the long term investments they’ve made into certain key players.

Running an insurance company, or a personal injury law firm requires someone at the top to make shrewd business and management decisions. The same can be said for running the Toronto Raptors.

The performance of the employees at an insurance company, or at a personal injury law firm is largely outside of management’s hands. Either those employees perform to a high standard which has been set by management, or they don’t. Management will set up targets, procedures, protocols and quality control inspections; but it’s not their job to do the work which the employees are being paid to do. Good management will put their employees in positions to succeed, with the tools they need to succeed. Bad management will do the opposite.

The same can be said of management of the Toronto Raptors. It’s not Bobby Webster’s job (current general manager of the Toronto Raptors) to make jump shots or play defence. Rather, it’s his job to build a roster, coaching staff, and operations team; and then for targets, goals and standards to be set which are either met/followed; or not.

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Published on: March 27, 2026

Winning and Losing in Personal Injury Cases

By Goldfinger Injury Lawyers

My son has been playing competitive soccer in Ontario since he was 5 years old.

The competitive soccer landscape has changed a lot since the days of when I played.

When I played, there were scores and standings. There were stakes such that the games meant something. There were winners, and there were losers. And sometimes, because it’s soccer, there were even ties! There were championships to be won and lost. There was the thrill of victory, along with the agony of defeat.

From a soccer perspective, children were able to learn the right way to win. The good coaches taught the children to win with grace and dignity, and respect for their opponents. They were taught not to be a poor sport winner, or cocky, or gloating when winning.

On the flip side, children learned not only to loose, but how to loose without being a sore loser. Losing is part of sport and is a hard thing to learn, and a hard feeling to have to deal with. But, if you weren’t able to cope with losing, or to bounce back after a loss, then you wouldn’t be able to play. Even the greatest athletes of all time have lost.

Children learned how to play the game with a lead. And also learned how to play from behind to secure a dramatic comeback win. These environments built character which is difficult to teach. It was learned in an environment almost impossible to replicate, through a shared experience with teammates and coaches who were going through the same thing.

Soccer however, at least in the sanctioned world of Ontario Soccer, has changed. Before the age of 13, there are no standings. There are no scores. There are no winners. There are no losers. You can say that every game, regardless of the performance of the teams, or the individual players, ends up in a tie because scores are not even recorded. No games have meaning. There are no stakes. And, because there are no stakes, that means that there is no pressure to win, or consequence of losing. This is much too egalitarian and there are repercussions to such a system.

What happens when scores and standings are introduced? What happens when the children encounter an environment where there are objective winners and losers? How will the children handle this given that they have been raised in a system where there are no stakes when they play their games? Children won’t build character. They won’t build resilience, or toughness, or grit. They don’t learn the right way to win, or how to loose. The just play the game, without any sort of emotional growth because all of the touchstones have been rubbed out because they’ve been deemed as too sharp for children to deal with.

Winning has become demonized in this system. Declaring a “winner” or a “champion” is viewed upon as an evil term because by being declared the winner, it means that you or someone had to defeat a set of opponents. This is seen as a giant wrong for soccer playing children in Ontario under the age of 13 years old.

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Published on: December 10, 2025

Typical Run Time for Personal Injury Cases in Ontario

By Goldfinger Injury Lawyers

One of the most common questions which personal injury clients want to know is how long their case will take to settle.

I, Brian Goldfinger, would love to give a one size fits all answer to this question because that would make my job as a personal injury lawyer a much easier one. Unfortunately, there isn’t a one size fits all answer to such a question.

Some cases take longer to settle. Some cases take more time.

Let’s take a look at a recent decision from the Ontario Superior Court of Justice which provides some clues as to why cases might take more long to settle.

Here is the case of Vaillancourt v. R.K. Mooney Insurance Brokers Ltd., 2025 ONSC 6761 (CanLII). These are in fact, two cases in one, which are to be tried together, or at the same time, such as the Trial Judge best sees fit.

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Published on: July 24, 2025

The Toronto Blue Jays & Personal Injury Cases: You don’t know what to expect

By Goldfinger Injury Lawyers

Brian Goldfinger has been writing the Toronto Injury Lawyer Blog for over a decade.

In all my years of writing, I have never referred to the Toronto Blue Jays in the title of my blog.

Rarely (2-4 occasions) have I referred to the Toronto Blue Jays at all.

They’ve been an afterthought on the Toronto sports scene for many years. When I have referred to the Toronto Blue Jays in the past, it has been in a critical light. I have criticized the organization for acting like a small market team; while operating in a big market. When they do get big ideas, they never seem to execute on them properly, or at all. They play in the most competitive division in Major League Baseball; yet; they have seemed content to take a back seat to their competitors who do whatever it takes to win.

This season has been very different for the Toronto Blue Jays. They set a record for consecutive wins at home. They’re in first place in their division in July, which they haven’t done since their World Series Days back in the 90’s.

If you asked anyone who follows baseball, or who follows the Toronto Blue Jays whether to not they expected this sort of performance from the club, they would tell you this season has been the biggest surprise in baseball. Nobody; even the most optimistic fan, did not expect this level of success. In fact, if you had a prediction for the Toronto Blue Jays this season, it was that they would finish around .500; and that they would fire their manager either during the season, or at the end of the season. Based on a .500 winning percentage, it would be time for a change of manager.

But, this season has gone in a completely different direction. As of the time of preparing this edition of the Toronto Injury Lawyer Blog, the Toronto Blue Jays are winning and are relevant. There is a pleasant buzz around this team which hasn’t been seen for a very long time. This season’s performance has been unexpected in the best of ways.

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Published on: July 15, 2025

What the Toronto Raptors Roster Construction and Personal Injury Cases Have in Common (or not)

By Goldfinger Injury Lawyers

I can’t resist the opportunity to rant and to write about two of my favourite things. In no particular order:

The Toronto Raptors
Personal Injury Law in Ontario

First, let’s examine the Toronto Raptors.

Even someone who doesn’t follow sports will remember back in 2019, the Toronto Raptors won their first ever NBA title.

It was hard even for a non sports fan to ignore their championship run given that it was covered by national and international media. The Toronto Raptors Championship Parade remains a modern day benchmark for North American public sport celebrations; trailing Argentina’s World Cup parade in Buenos Aires which saw an unprecedented turnout. That one was hard to beat.

From 2020-2023, the Toront0 Raptors implemented a new vision to modern basketball. It was dubbed as “Vision 6’9“, referring to the height and length of the players. Basically, the Raptors were trying to design a roster of players built entirely of identical frames, statures and heights. Their roster was composed namely of players who were around 6’6 to 6’10 or so; with supporting lengthy wingspans. The idea what that these players could rotate seamlessly and play multiple positions of the court, and defend different players on the court without need for any help. You were basically cloning one specific body type, and putting all 5 of those players out of the Court and having them play at the same time. It was positionless basketball.

The term I hear a lot more around the NBA is the term “measurables“. Does the player have the requisite measurables (height and wing span), to play?

If a player has the “measurables“, they are instantly more valued. If the player lacks those “measurables“, they are less valued or cast off altogether. If you don’t tick the physical boxes, you won’t get looked at, or won’t play.

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Published on: July 4, 2025

Tips for Dealing with Insurance Companies in Ontario

By Goldfinger Injury Lawyers

It’s not everyday you have to deal with an insurance company. It’s not an interaction which people are accustomed to.

Think about it.

You don’t need legal advice to buy a pair of shoes.

You don’t need legal advice when negotiating a price for a new/used car.

You don’t need legal advice for a parent/teacher conference at school.

You don’t need legal advice opening a bank account, or negotiating the terms of your mortgage.

What’s set out above are adult interactions which we are used to in everyday life.

But, when it comes to personal injury, car insurance and disability claims, we do need legal advice. We need legal advice because these interactions don’t happen everyday for consumers. We need legal advice because there are complicated laws around getting compensation. We need legal advice because more often than not, these claims are disputed and often end up being litigated in Court.

Given that our personal injury lawyers deal with insurance companies on a daily basis, here are some tips which we’ve procured for you based on our experience and expertise in dealing with them.

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Published on: May 8, 2025

Special Economic Zones, Personal Injury Law, and Eliminating Your Rights

By Goldfinger Injury Lawyers

The Ontario Government has proposed legislation to create “special economic zones” in order to speed up large scale projects such as the Ring of Fire, and a proposed tunnel under highway 401 in order to reduce traffic.

The Bill is called Protect Ontario by Unleashing our Economy Act (Bill 5 ) detailed of which can be found here.

As an aside, I love it how governments name their bills. Be forewarned. The name of bills often does the exact opposite of it’s name. It’s a PR play in an attempt at misdirection (kinda like how a magician pulls off a magic trick). It gets the public to look one way; or to think about the legislation in one way; in order to misdirect the public from seeing all of the bad stuff happening which is actually going to happen in a different direction. It’s a way for the government to create a narrative in a way which directs people away from the ugly truth of what’s actually going to take place. The Bill, called “Protect Ontario by Unleashing our Economy Act”, could also be aptly named the “Stripping All of Your Rights so We Can Dig Out Minerals and Build Stuff Really Really Quickly Act“.

If passed, the new law would allow the Ontario government to disregard any provincial laws currently in place (such as provincial environment, labour or insurance act rules) in order to get the project done as quickly as possible, without any red tape. The bill cuts all of the checks and balances in place to protect the public and to protect the environment. It’s being sold to the public as a way to kick start the economy over the threat of Donald Trump and tariffs being imposed by the United States on Canada and Ontario.

It might sound like a good idea, until you pause and think about the ramifications of the proposed bill to plow through all other bills.

For starters, the bill seems completely undemocratic, and borderline totalitarian. The piece of legislation allows the government to do whatever it wants; ignoring legislation what has existed for many years. The rules and laws won’t apply to them once this piece of legislation has passed, and is used. Even if it’s challenged in the Courts as a violation of a Charter Right, the government can enact the Notwithstanding Clause in order to get their way. The Ford Government has used the Notwithstanding Clause before; meaning that they won’t be afraid to use it again. It gives the government total and complete control. That’s what happens when a majority government has been elected. It’s their “mandate“. But, if this piece of legislation were put to a vote, I doubt that the majority on Ontarians would stand behind the idea of giving such power to the government.

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