Articles Posted in Brian Goldfinger

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This week marks my 20 year anniversary of being called to the Bar. Pretty neat. I’ve been practicing as a personal injury lawyer for pretty much all of that time. I’ve learned a lot over the past 2 decades. If I could go back in time and share some pearls of knowledge with my much younger, and more handsome self, here’s what I would have to say:

  1. Everyone’s path is different. In law school, you’re made to think there’s a cookie cutter approach as to what happens after your graduate from law school. Graduate from law school. Then get an articling job in the City of your choice, at the firm of your choice, in the area of law of your choice. Work at that law firm for a few years, climb their hierarchical ladder, get made partner, and let the good times roll. It’s all made to seem, and to sound, very linear. That’s how it can work for some. But for most lawyers, that’s not how the journey works at all. The practice of the law; just like life; is full of twists, turns, ups and downs. Not everything is going to go according to some grand plan which was conjured up in law school.  Just because your colleagues are doing things one way, doesn’t mean that way is right for you. And it certainly doesn’t mean that’s how things are going to pan out for you either. Think of it as you would a diverse vegetable garden. Each plant in your vegetable garden is different; and will have different needs to produce. Some require more water, some require less direct sun. Others are finicky when it comes to soil Ph levels. The path to growth, and what is required for that growth to occur might be similar, but it’s not the same for each plant. The same variances applies to new calls and lawyers of all stripes. Everyone’s growth and path will be different. That doesn’t means that one path is better than the other. You have to do what’s right for you.

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Your relationship with your personal injury lawyer can be a long one.

Some personal injury cases last many years (over 5+)!

Do you really want to endure 5+ years with a lawyer who you don’t like? Of course not! That’s why it’s very important to pick the right personal injury lawyer at the outset of your case. It’s an important decision which you should not take lightly.

Here are a few considerations when selecting a personal injury lawyer. Some of these tips may shock you, but we wouldn’t list them if we didn’t see them happen to innocent accident victims.

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If you have been following the new of late, you may have heard of how the justice system is failing Canadians.

There is a serious shortage of money being allocated to our justice system, which is resulting in excessive delays and cases being thrown out as a cause of delay.

Recently, personal injury lawyer Brian Goldfinger was interviewed by CBC News to speak about the delays which happened to one his his clients. The case is an important one. It’s one of the first cases of sexual assault involving the the Canadian Military to be transferred from military Court to civilian Court. Mr. Goldfinger’s client made the strategic decision to have the case transferred out of military Court into civilian court so that she could get a fair shake at justice. Retired Supreme Court Justice Louise Arbour recommended transferring all cases of sexual offences alleged to have been perpetrated by military members — including historical cases — to civilian authorities. It only made sense that Mr. Goldfinger’s client follow the recommendation of a retired justice of the Supreme Court of Canada.

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I had an in person attendance in Court for the first time since I can remember dating back to when the Pandemic shut down the Courts. During the Pandemic, and afterwards, most Courts have opted for virtual attendances. This has lead to increased efficiency for our Courts. They can do more, with less resources. It also translates into considerable savings for clients and self represented litigants. They don’t have to pay for their lawyer’s travel time, or any mileage, parking etc. Clients and litigants also don’t have to travel either. They can log in to Court from the comfort of their own home. That is more comfortable, and less intimidating for clients and litigants.

But this Court (in Guelph) required an in person attendance for the hearing of an Application under the Insurance Act as it related to a catastrophic car accident case. It was nice to be back in Court, in person.

A few observations after a long lay off from in person Court appearances.

As a lawyer, you take it for granted that you appear robbed in front of a Judge, while litigants and clients are in plain clothes. The robes really make you stand out. This has its positives, and negatives.

Because I was wearing my litigation robes, I was approached by two separate people in the Courthouse who were looking for directions, and also looking for legal advice; and in turn, looking for a lawyer.

As a robbed lawyer, in the Courthouse, you become a part of the production so to say. You wouldn’t see a gowned up lawyer anywhere else but a Courthouse. The robes signal to the world that you are a lawyer, and that they are in a Courthouse where laws get made.

Being asked for legal advice, or being asked whether or not I could help a stranger with their case was not odd. It kinda happens all of the time once people find out that you’re a lawyer. Everyone seems to have a hypothetical question regarding a “friend’s” legal problem which they want solved, or some tips on how to manage the situation. But, it had been a long time since that happened randomly inside of a Courthouse because it had been so long since I needed to attend at Court in person.

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Last night, like millions of others, I sat down to watch the Superbowl with my family. We had our traditional Superbowl Party, with all the fun food, snacks and beverages you might expect. We were all excited for the game, for the commercials and of course; for Rhianna’s return to the public eye for the Halftime show. And Rhianna did not disappoint.

The game had it’s fair share of controversial, or questionable calls.

There was a play in the first half, when the Eagles Tight End caught a pass heading out of bounds. He bobbled the pass, but still got both feet in bounds. Was it a catch? Was it not a catch because he bobbled the ball? I could have sworn it was not a catch because the bobble was clear as day. Yet, the referees ruled it a catch.

In the second half, the Eagles receiver caught the ball, got tackled after taking a step or two, fumbled the ball and it was returned for a touchdown. The ruling on the field called it a touchdown. Upon review, the call was overturned. The referees ruled that despite catching the ball, the receiving did not make a clear football move, and therefore, it was not ruled a catch or a fumble. The call was overturned and the points were taken off the board. It was baffled to say the least.

The final odd call was the holding penalty which ultimately decided the game. The Eagles defensive player made contact with the Chiefs receiver in what looked to be a normal football play. The referees called it a hold, the balls was advanced; and we all know what happened from there. The Chiefs kicked the game winning field goal with seconds left on the play clock. And there you have it, the Superbowl champs were decided.

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My law firm Goldfinger Injury Lawyers has successfully handled countless slip and fall cases. We have recovered our clients millions of dollars getting them the compensation which they deserve after they’ve been seriously injured as a result of a slip and fall caused by the negligence of a property owner. Please note that past results are not indicative of future results.

People are curious as to where these slip and fall case take place. I’m sure we’ve all seen someone wipe out or fall to the ground. But does this mean that the person will have a successful case? Does this mean that someone will reach out to a personal injury lawyer in order to claim compensation for their injuries, damages, or losses?

This is Brian Goldfinger’s comprehensive list of the top 5 most common places our lawyers see slip and fall cases take place. We are releasing our top 5 list now in the winter time, because this is the time of year where we see the most slip and fall cases happen.

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More often than would think, insurance companies seek to add terms to a Full and Final Release which they would not otherwise be able to get in Court.

A Full and Final Release is a legal document which gets signed when a case gets settled outside of Court.

This is standard. Anyone who settles their case outside of Court in a personal injury or long term disability action will be asked by a Defendant to sign such a Release.

Generally, the Release will contain provisions detailing the amount of the settlement, terms that the settlement is final and binding on both parties, that the Defendant is prepared to pay the settlement amount, but does not admit liability, that the Plaintiff cannot sue again over this specific cause of action and that should s/he do so, that the Release will be relied upon to dismiss the case with costs; and that the terms of the settlement are confidential, but can be disclosed to lawyers, accountants and financial planners.

These terms are expected to be contained in a Release by plaintiff side personal injury lawyers. But sometimes (more often than you would expect) sophisticated insurers and their insureds try to get terms into the Release which fall well outside of the scope of the litigation. The Defendant is trying to get through the backdoor, what they cannot get through the front door.

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I’ve done some radio in the past.

I’ve done some television spots as well.

But what I’ve enjoyed the most are podcast appearances.

Don’t get me wrong. Radio and television are a lot of fun. They’ve both excellent mediums to educate and give updates on my chosen field; the practice of Plaintiff side personal injury law in Ontario.

It’s amazing how many people, know so little about such an important area of the law. Lots of people have cars. All motorists need to pay for car insurance. Car insurance is basically a legal contract.

The same applies to home owners and home owner insurance. It also applies to renters and rental insurance.

How about Ontario Disability Support, Unemployment Insurance (Disability/Sickness) or Canada Pension Plan-Disability. All of these relate to injuries or disabilities, and in turn, to personal injury law.

What about injured employees who need to take time off of work due to an injury, illness or stress leave. These people try to claim disability benefits from their employer and get denied. This is yet another branch of personal injury and disability law.

What I’m trying to say is that know a few basics about personal injury law isn’t such a bad thing for people to know. And by doing these media appearances, our office tries to educate the masses as best we can, in an easy to understand way.

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We get a lot of questions and queries to the Toronto Injury Lawyer Blog. Some serious. Some not so serious. In today’s edition of the Toronto Injury Lawyer Blog; Brian Goldfinger himself will answer those questions. Some serious answers. Others not so serious. So sit back, grab a nice hot cup of green tea and enjoy!

Question: Do snow tires actually work?

Answer: Yes they do! Not only that, but your car insurer will offer you a reduced premium if you can show proof that you have installed snow tires on to your vehicle. Keep in mind that personal injury lawyers love to hammer Defendants if they were involved in a winter weather collision and they didn’t have snow tires on their vehicle. They argue that the accident may have been prevented, or may have not been as serious had the vehicle been equipped with snow tires. A driver without snow tires will be frowned upon in the context of a personal injury case. So get them. And yes, they work!

Question: What’s the longest personal injury case you’ve ever been a part of; and why did it take so long?

Answer: 10 years and 2 months! The case took so long because the Plaintiff was a minor when the case began; and it took a while for the Plaintiff’s injuries to crystallize and plateau. It’s very difficult for a personal injury lawyer to recommend a settlement in year 3 of the case; if there’s a lot of uncertainty with respect to the Plaintiff’s health. Add the complication that the Plaintiff was young and growing and you have the recipe for a long drawn out case. This does not even take into consideration the complicating circumstances dealing with liability, causation or contributory negligence.

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