Assaults

Published on: November 10, 2023

Can I sue people for being annoying or disagreeing with me?

The title to this Toronto Injury Lawyer Blog post may strike you as a bit odd; but it’s one of the top questions I’ve been receiving since the horrific terrorist attacks of October 7, 2023.

What makes Canada a great country is that we have all sorts of freedoms. But, these wonderful freedoms are not absolute.

In a multicultural society, and in a more homogeneous society, not everyone is going to agree on the same issues, statements or views. It’s a fact of life.

When people don’t agree, or hear things that they don’t like, they can get mad or upset. This may cause them to yell, or even to say grossly offensive, or racist statements. Things might get so heated that it results in damage to property, or physical violence.

So, when someone is shouting racist, homophobic, vile or antisemitic comments at you or at at group, does this make grounds for a viable civil lawsuit against that person, or group of people?

Great question!

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Published on: May 3, 2023

Random Acts of Violence and Personal Injury Cases

By Goldfinger Injury Lawyers

One of my biggest predictions coming out of COVID Lockdowns and the COVID Pandemic would be the rise of assaults.

After many months of being locked down and shut out of social interaction, people forgot how to be kind to one another. We forgot how to share public spaces. We forgot how to be patient, and polite to strangers. We had a lot of built up anger, angst, along with all sorts of other emotions (both positive and negative) after being locked down for so long. We were no longer able to behave like public places were our own living rooms. They were public spaces meant to be shared. Over the Pandemic, we forgot how to share these public spaces, and began to act in such a way which showed a lesser regard for our peers.

This problem is compounded by the increases in mental illness we have seen during the course of the Pandemic. Lack of access to medical care, having people locked down, increased unemployment with increased costs of living, increased interest rates…It’s all not good for one’s mental health.

Regretfully, the prediction that common assaults (or random acts of violence in public) would increase was correct. Just use the TTC as your benchmark. Since the Pandemic lockdowns ended, and we have done our best to return to a sense of normalcy, random acts of violence on the TTC have increased dramatically. A young boy was stabbed and murdered for no apparent reason. He was simply in the wrong place, at the wrong time.

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Published on: March 16, 2022

Loosening of Pandemic Restrictions and Personal Injury Claims

By Goldfinger Injury Lawyers

Ontario is scheduled to drop most mask mandates by March 21, 2022. Whether or not this is the right move or not has nothing to do with being a personal injury lawyer; so I’ll just stay in my lane.

But, in creeping closer to this date we have seen an uptick of assault calls surfacing at our law firm. These assault claims are no uncommon, only we have seen more and more of them as the pandemic has dragged on.

It has become apparent to me that over the course of the pandemic we have forgotten how to interact with one another and share public spaces. It seems that more of us have a sense of entitlement, together with a disregard or a lack of respect for the safety and security in public places. In other words, we forgot how to share space and how to interact in public groups. This is something that will take time to re-learn. But, we will get there.

In the meantime, what do you do when a stranger assaults you? Do you have a personal injury case? And if so, how do you pursue that claim?

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Published on: August 6, 2020

Observations from a personal injury lawyer during COVID-19

By Goldfinger Injury Lawyers

As a personal injury lawyer, I don’t profess to be a medical expert. I certainly don’t have all of the answers to your medical questions, tech questions or political questions. As a personal injury lawyer, I like to stay in my lane of personal injury law and insurance related questions. When people have a problem in these spheres, they tend to reach out to me and my law firm Goldfinger Injury Lawyers.

Once upon a time; in order to get your opinion out in to the world, it needed to be broadcast in the traditional news media, or to your friends verbally.

Social media has given us all platforms to speak our own versions of the truth and spread our own beliefs to thousands in one simple click. Those beliefs may be fact, or fiction. But they are your truths (or mistruths) nonetheless. There is no fact checking or editor to vet your comments before they are broadcast in to the world. All you have to do is simply click a button and your opinions are broadcast to the world.

The global pandemic we are all dealing with in our own ways has reinforced the fact that we are all in this together. And being “together” means that we all, or the majority has to be on the same page when it comes to dealing with the pandemic.

What has been highlighted by COVID is that so few of us are on the same page. The amount of information, misinformation and outright lies circulating on the internet is rather upsetting.

But it’s not just the internet where we see this departure of shared values and beliefs. We see it everyday.

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Published on: July 16, 2020

Vicarious Liability and Sexual Assault Claims

By Goldfinger Injury Lawyers

The first rule in personal injury law is to make sure that you sue a Defendant with deep pockets. That means the Plaintiff and his/her personal injury lawyer need to be satisfied that the Defendant has the ability to pay out on a potential settlement or judgment. If the Defendant cannot pay, the Plaintiff will not be compensated despite winning the case.

You can’t get blood from a stone. Nor can a personal injury lawyer recover compensation from an impecunious Defendant.

This is a very important concept.

There is certainly vindication on behalf of an injured Plaintiff in securing a judgment against a Defendant who has wronged him/her. The feeling of winning, justice, or simply closure are very important feelings.

But these feelings cost money.

If the Plaintiff has deep pockets, and doesn’t mind spending thousands of dollars in legal fees without a prospect of recovery in order to secure a Judgment; then all the power to that Plaintiff.

But these wealthy Plaintiffs who are prepared to spend the type of money required to secure a judgment in a personal injury action are few and far between.

Most Plaintiffs don’t have deep pockets to pay a lawyer’s hourly rates. On top of that; most lawyers won’t take on cases on a contingency fee basis on a “winnable” case if there is no realistic prospect of recovery.

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Published on: November 13, 2019

The Death of the Criminal Injuries Compensation Board

By Goldfinger Injury Lawyers

Life isn’t fair. Here’s a example of why life isn’t fair.

You are in the wrong place at the wrong time, and you get stabbed, shot, punched, assaulted etc. by a stranger or acquaintance.

You are the victim of a violent crime. A crime which you did not initiate or provoke. You were simply in the wrong place at the wrong time.

As a result of the violent crime, you sustain life long physical and emotional injuries which will have significant consequences over many aspects of your life: ability to earn an income; housekeeping, handy person; participation in recreational activities; on going treatment requirements; nightmares; inability to trust people; anxiety; depression; rage; PTSD etc.

It’s only fair that you seek compensation for your injuries. That’s what the law is there for. To make you (or to attempt to make you whole) for the injuries you have sustained.

Here is the problem at law. There is no insurance for a criminal action. So if a stranger on the street assaults you, there is no insurance to protect against getting assaulted in a violent crime. You can purchase other insurance (like disability insurance), in the event you become disabled as a result of an assault or another traumatic event. But, there is no insurance in place to recover damages directly from the bad guy tort feasor.

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Published on: May 3, 2018

How to Apply to the Criminal Injuries Compensation Board in Ontario

By Goldfinger Injury Lawyers

Many people want to know what the Criminal Injuries Compensation Board is all about and how to apply.

Here at Goldfinger Injury Lawyers, we handle a great number of Criminal Injury Compensation Board cases each year.

Many innocent victims of crime don’t even know the Criminal Injuries Compensation Board even exists. It’s not a well known government tribunal.

This installment of the Toronto Injury Lawyer Blog will focus on the Criminal Injuries Compensation Board; what it is; how to apply; and what to expect when going through a Hearing.

If you didn’t get all of the answers you need from this installment of the Toronto Injury Lawyer Blog, you can certainly contact a lawyer from Goldfinger Injury Law to get the answers you need toll free at 1-877-730-1777 or by email at info@goldfingerlaw.com. Our lawyers handle Criminal Injuries Compensation Board cases across Ontario.

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Published on: January 26, 2017

How to Apply to the Criminal Injuries Compensation Board in Ontario

By Goldfinger Injury Lawyers

If you have been injured as the result of a crime in Ontario, you may be entitled to compensation from the Criminal Injuries Compensation Board (CICB).

What is the Criminal Injuries Compensation Board you ask? Good question!

The Criminal Injuries Compensation Board is a government body which assesses and awards financial compensation to victims of crime in Ontario. This is a nice thing that the Ontario Government has been doing for the public since around 1967 under the Law Enforcement Compensation Act (LECA) came in to force.

The law and compensation structure of the Criminal Injuries Compensation Board has changed a lot since 1967. But, the premise remains the same. The Ontario Government has set aside a pool of money in order to compensate injured victims of crime, for up to $25,000 per claim. This is a nice public service.

Our lawyers are asked why it’s important for the Ontario Government to do this. The answer is that the Criminal Injuries Compensation Board is often the only real method for innocent victims of crime to recover financial compensation for their injuries (not a piece of paper Judgment which is unenforceable).

Earlier this week, the @GoldfingerLaw Twitter Account tweeted out a CBC article regarding Judgment Proof Defendants. The article highlighted a Plaintiff who sued an immigration consultant for having done a poor job. The Plaintiff was successful at trial, and secured a Judgment against the Defendant. But, as it turned out, the Defendant legal consultant was judgment proof.

Being Judgment proof means that the Defendant does not have the money, assets or resources to pay for the Judgment. That’s not fair. I agree. The saying “You can’t get blood from a stone” applies here.

People often wrongly think that an inability to pay a Judgment will result in automatic jail time, or even worse.

That’s simply not true. If you can’t pay a Judgment because you don’t have the money, assets, or resources to do so, you don’t go to jail. You simply have a Judgment clouding your conscious and credit rating until it has been extinguished.

A judgment against a Defendant without money, resources, or any tangible assets is only just a piece of paper, as documented in the CBC article from earlier this week. But Plaintiff lawyers across Canada are taught this early in their law school careers. This is also a handy piece of business advice as well.

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Published on: September 15, 2016

The hidden costs behind rape and sexual assault cases (Ontario)

By Goldfinger Injury Lawyers

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.

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Published on: September 1, 2016

Legal Costs in the context of a Personal Injury Case in Ontario

By Goldfinger Injury Lawyers

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.

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