Voted By Elite Lawyers Ontario
#1 in Client Satisfaction
Voted By Elite Lawyers Ontario
#1 Personal Injury Law Firm
Published on:

It’s not very often that judgments from the criminal court system impact personal injury and car accident cases.

It’s particularly rare when a criminal case which was decided in British Columbia, has such a far reaching effect that it impacts the way and timing in which personal injury cases are heard in Ontario.

But the case we are about to review is no ordinary case…..

Today’s installment of the Toronto Injury Blog will focus on a unique decision from the Supreme Court of Canada in R. v. Jordan [2016] SCJ No 27 (QL).

This was an appeal which went all the way up to the Supreme Court of Canada, from the BC Court of Appeal, and the BC Supreme Court.

The accused, Mr. Jordan, was charged with various charges in a dial a dope operation. He was charged in December 2008. His trial ended in February 2013. What’s a dial a dope operation? It doesn’t really matter for the context of this analysis.

Continue reading →

Published on:

In last week’s Toronto Injury Lawyer Blog, I briefly shared with you our law firm’s experience seeing and reporting auto/accident benefit fraud.

We had many calls following that blog post wanting to know more, as I didn’t really expand on what had happened.

This week, we will take this opportunity to examine what happened to our clients, and to our law firm when faced with what appeared to be a clear cut case of lies, deception and manipulation amounting to an attempted accident benefit fraud on our clients.

A friend of mine referred me to lovely family who had been involved in a serious car accident. The mom was still in hospital with a broken leg which had been operated on. She remains unable to walk, work, or engage in her normal activities of daily living. She was staying in the Ortho Floor at Credit Valley Hospital in Mississauga.

I made arrangements and eventually met with the entire family at the hospital. This is normal for personal injury lawyers to do. Hospital meetings are sometimes necessary, and at our law firm, they are free of charge.

Continue reading →

Published on:

I would like to begin this Toronto Injury Lawyer Blog Post by discussing our law firm’s experience reporting a case of auto fraud to the Financial Services Commission of Ontario (FSCO). I will get in to what exactly the auto fraud was in a later post, as I simply don’t have the space this week to get in to the story.

FSCO is the government body which takes care of car accident and accident benefit fraud in Ontario. This was our first time reporting an incident.

When you wish to report a fraud, there is a Fraud Hotline, 1-855-5TIP-NOW or 1-855-584-7669. There is also an online form you can complete on the FSCO website. Accident Benefit and Car Accident Fraud has been made to be a big deal with all of the huffing and puffing which insurers do about this “epidemic“. You would think that reporting a fraud would be simple, and that the fraud team at FSCO would know what they’re dealing with, and get right on it seeing as it’s such a big deal.

I was passed on to four separate people at the FSCO Fraud Hotline (plus a hang up altogether)  before they even took down any of the fraud victim’s information to investigate the matter. It seemed like nobody knew what to do, nobody knew what to look for, and nobody wanted to deal with our report. I was being passed, from person to person without getting any answers. I had to advance a theory of the fraud which made them say “AH-HA! That’s it!” before they even understood the cause/root of the alleged fraud. It was like they hadn’t even dealt with car accidents or accident benefit cases before.

After much pressing and energy, the fraud has now been reported. What happens now is beyond our law firm’s control. Whether or not we get a progress report from FSCO regarding their investigation is uncertain. I’m doubtful they’ll get back to our office or to the fraud victims. Reporting car accident and accident benefit fraud should NOT be an exercise of jumping through hoops. It should be a clear and easy process with responsive, knowledgeable and accountable staff who get results. Results matter and I got the feeling in dealing with the FSCO fraud team that didn’t know what they were doing. Just our opinion based on our experience.

Now, on to the remainder of the Toronto Injury Lawyer Blog which focuses on Long Term Disability Claims and their tricky limitation periods…..

If there’s one thing which causes Plaintiff side injury lawyers to panic or lose sleep, it’s the fear of missing a limitation period. Conversely for defence counsel and their insurer clients, the prospect of getting a clear cut win on summary judgment motion because a Plaintiff missed their limitation period is exciting; along with a fast and cost effective way to close a file.

Determining when a limitation period begins to run has always been a challenge in certain types of cases. For motor vehicle accident claims, establishing the date of loss is rather simple. Most of the time, with certain exceptions, all the Court needs to do is look at the date of loss. But the same approach does not apply in the context of long term disability claims where there can be multiple denials, multiple levels of appeal, or the denial is not clear and unequivocal. There can be heated debate between Plaintiff and Defence Counsel as to when a limitation period should begin to run. Continue reading →

Published on:

Here’s the scenario:

You or a loved one was hit by a negligent driver. The driver was texting on their cell phone at the time of the collision. The driver was charged and convicted of distracted driving and careless driving under the Highway Traffic Act.

Liability is clearly not an issue. The distracted driver was at fault. There will be no arguments from the Defendant Insurer’s Lawyer in that regard.

As a result of the collision, the Plaintiff sustained a brain injury, along with multiple orthopedic injuries to her neck, back, knees and wrists. The injured accident victim has under gone  6 surgeries at different hospitals across Ontario; each with different orthopedic specialist. After each surgery, the accident victim has been bed ridden for between 1-3 weeks at a time.

The person’s arms will never be the same.

The person’s legs will never be the same.

The person’s back will never be the same.

The person’s mind will never be the same.

The accident victim is completely BROKEN, and no amount of treatment, therapy, surgery or medication will ever make them whole again.

Continue reading →

Published on:

Throughout the course of the year, the Toronto Personal Injury Lawyer Blog gets tonnes a questions from our loyal readership. We do our best to answer every question we can. Here are some of the best, and most commonly asked questions we have received. All of these questions have been answered by personal injury lawyer, Brian Goldfinger, directing lawyer of Goldfinger Personal Injury Law. We trust that this rapid fire Q&A session will answer some of your pressing questions when it comes to car accident, slip and fall, dog bite, motorcycle and long term disability claims/law.


A: We don’t charge an upfront hourly rate. We take your case on a contingency fee basis. If our firm doesn’t recover any money for you in your case, that means that you don’t have to pay any legal fees.

Published on:

The front page of today’s Toronto Star is a feature article and photo of Mandi Gray. The headline reads “Putting A Price on Rape..Mandi Gray could have shared her trauma with the court. She opted to share her bills instead“.

Kudos to Mandi Gray for eliminating the publication ban and coming out so courageously. This is a huge step forward in rape and sexual assault cases. Fantastic display of strength which we certainly admire.

In case you don’t know much about this case, Mandi Gray is a PhD student at York University. The accused, Mustafa Uruyar was in her program as well. At a party/get together at a bar on Bloor St. in Toronto, both Gray and Uruyar left the bar and headed back to Uruyar’s place.

The Court found that Mandi Gray was raped by Mustafa Ururyar. Mr. Ururyar was convicted and sentenced to the maximum for a summary crime of 18 months in prison, plus up to three years parole. It’s customary in these types for the victim to prepare a Victim Impact Statement to be read aloud in the Courtroom, just before sentencing.

We see these Victim Impact Statements whenever there is a victim of a crime who we can identify and who agrees to share their/thoughts/feelings with the Court. Not all victims have the courage to share Victim Impact Statements. Personal Injury Lawyers see these Victim Impact Statements frequently in drunk driving, violent assault and sexual assault cases. These statements can be relied upon later in the course of the civil proceeding/personal injury case.

Victim Impact Statements can be very emotional. For some, it’s a chance to have their voice heard, unfettered by the Court and cross examination from another lawyer. You can say what you want. But for others, it’s a wasted exercise. The damage is already done. There is no use in speaking or providing a statement. It will only re-hash bad memories. What good will come of it.

Mandi Gray’s Victim Impact Statement was short and to the point. It contained three bills. The first was for 36 psychotherapy sessions totalling $3,770. The second was a bill for $3,453 for legal work paid by Legal Aid to defend her in a Pre-Trial Application. The third was for $10,735 for legal fees which Ms. Gray paid out of her own pocket.

Continue reading →

Published on:

There are a lot of different OCF Claims forms to complete after you’ve been involved in a car accident in Ontario. In this “How to” series, the Toronto Personal Injury Lawyer Blog examines how to complete the OCF-2 Employer’s Confirmation of Income Form. In order to recover income replacement benefits, it’s necessary to have the OCF-2 form completed and submitted to the insurer as soon as possible following a car accident. Failure to have the OCF-2 Employer’s Confirmation of Income Form completed properly and in a timely manner may result in a denial or delay on the recovery of income replacement benefits.

For starters, you need to get a copy of the OCF-2 Employer’s Confirmation of Income For. This can be found on the FSCO Wesbite; the Goldfinger Personal Injury Law Website; through your lawyer, or even through your own insurance company. NOTE: If you wait for the form to arrive in the mail form your own insurance company, it may get lost in the mail or simply delayed. Just print off a form online if you have the resources to do so. You can even go to your local library, find the form online and have it printed right there on the spot for the charge of printing just two pages. The last time I was at my local public library, there was a charge of .25c/page, along with FREE internet access. This is very reasonable.

Continue reading →

Published on:

When I was a young personal injury lawyer, a very senior partner at the law firm I worked at had a great figurine on his desk of an old British looking lawyer wearing a wig with a dignified look on his face. Embossed to the bottom of the figurine was the Statement “Sue the Bastards“.  This figurine always brought a smile to my face.

People ask me all the time why I like being a personal injury lawyer. Aside from the common answers of genuinely liking helping real people (not large multi national corporations); working every day with injured accident victims who need the help the most; and making a meaningful difference in the lives of our clients; the reality is that I also love suing! As a matter of fact, all of the lawyers at my law firm get excited when we are about to issue a Statement of Claim. Perhaps it’s because the Statement of Claim is the first shot fired by David vs. the large Goliath on the receiving end of the claim. That Goliath is the large multi national insurance company with seemingly unlimited resources. The battle seems unfair from the get go if you take in to consideration the size of each parties’ war chest. But our lawyers have the skill and experience to make things work.

An article recently caught my eye. There was a tragic shooting which took place at a Cinema in Colorado around 4 years ago. Many people died in this senseless killing. Many were injured. There are no words to describe this horrific massacre.

Continue reading →

Published on:

First and foremost, I would like to thank all those loyal readers of the Toronto Injury Lawyer Blog. Your readership, positive feedback and comments are all encouraging. We are glad and proud of keeping you informed and up to speed with the ever changing legal environment for personal injury claims in Ontario.

The focus of the Toronto Injury Lawyer Blog this week will be on Catastrophic motor vehicle accident claims, or CAT claims as they`re known in the industry.

CAT claims are in the category of the most serious cases we see at our law firm. Not just any run of the mill car accident case will qualify as catastrophic. There is an ever changing medico-legal definition of that it takes for injuries from a car accident to be categorised as catastrophic. The medico-legal definition changed very recently (June 1, 2016 to be exact). Any accident after June 1, 2016 will be tested based on the new CAT test, which is itemised in the OCF-19 Application For Catastrophic Impairment Form as follows:

Continue reading →

Published on:

Our law firm gets a ton of calls from people who have been denied Long Term Disability (LTD) benefits from their insurers (Great West Life, Manulife, Sun Life, Industrial Alliance, SSQ, Co-Operators, RBC Insurance, Desjardins, Equitable Life, La Captiale Insurance, Canada Life, and the list goes on…).

Although none of the people who contact our law firm have met, there are many common threads in the phone calls. A serious injury, illness or disability denied, or not properly communicated to the insurance company. Feelings of loss, anger, hopelessness, worry and despair on account of the denial. A sense of loss and simply now knowing what to do, or what to expect for their case or future.

These are all common and perfectly normal feelings. After all, you’re not a lawyer and this is probably the first time your applying for Long Term Disability benefits; let along your first time seeing how an insurer is reacting to your claim. It may be your first time calling a lawyer as well!

The experience of calling a lawyer should NOT be scary and NOT be intimidated. At our law firm, we do our very best to make the experience as comfortable and easy to understand as possible. There is no reason why excellent customer service should not extend to personal injury lawyers.

Continue reading →

Contact Information