COVID-19

Published on: February 2, 2021

COVID Long Haulers and Long Term Disability Claims (Ontario)

If you haven’t heard of what a COVID Long Hauler is, you should look it up. As a personal injury and long term disability lawyer, I don’t profess to be a medical expert. This is where I defer to the doctors have to say about COVID long haulers and the potential long lasting health implications by those who study COVID at the Mayo Clinic , Harvard Medical School and the Cleveland Clinic.

Tens of thousands of people who have contracted COVID, have been left with lingering symptoms and effects including but not limited to fatigue, body aches, joint pain, coughing, shortness of breath, difficulty concentrating, inability to exercise, loss of taste or smell, headaches, and difficulty sleeping. COVID Long Haulers can’t exert themselves or exercise and simple tasks (like walking to the mailbox or taking out the trash) will often leave them feeling exhausted. Chronic fatigue and chronic pain as being reported with COVID Long Haulers can be incredibly debilitating and frustrating. Many long-haulers also report brain fog, difficultly concentrating or feel like they aren’t as sharp as they used to be.

The reality of COVID is that it’s a new disease which began in an outbreak in around December 2019. Given the newness of the disease, doctors have little data to know the the long term effects or recovery from these long term effects/symptoms. Only time will tell. The vast majority of COVID Long Haulers test negative for COVID after the first few weeks of contracting the disease, despite still having these COVID long haul symptoms.

Long-haulers include two groups of people affected by the COVID:

Those who experience some permanent damage to their lungs, heart, kidneys, or brain that may affect their ability to function.
Those who continue to experience debilitating symptoms despite no detectable damage to these organs.

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Published on: January 14, 2021

Personal Injury Trends: Pandemic Edition (Ontario)

By Goldfinger Injury Lawyers

Lock Down Life has been no fun for anyone. Regardless of your socio-economic background, political views, or religious beliefs, this Pandemic has been difficult for everyone for so many reasons. Unless that is if you’re a high profile cabinet minister taking some time off for a vacation to St. Bart’s. Sounds nice. If only we could all be Minister of Finance and depart for St. Bart’s in the midst of a global pandemic where non-essential travel is barred.

Speaking of non-essential travel, our new favourite website during the Pandemic has been the Arrivals log on the Pearson International Airport website.

Why, just today, international flights have come in from all over the world including Istanbul Turkey; London UK; Shanghai China via Seoul Korea; Toucumen Panama; Lisbon Portugal; too may American cities to mention, along with multiple other domestic arrivals. Not to mention the departures to such exotic locations as Mexico City, Mexico; Doha Qatar; Sao Paolo, Brazil; New Delhi India; Lima Peru and the list goes on. But you need not worry. We’ve all been promised that none of these people flying have COVID, and all travellers pinky promise to quarantine for 7-14 days depending on who you ask as it’s clear as mud. While all of these travel plans go on to this day, Ontarians are on a strict lock down such that they can only leave their homes for essential purposes, but you are kinda free to fly wherever you like. And if you’re a politician who makes up the rules for masses, then these restrictions are completely arbitrary and likely don’t apply to you. Go figure. The Government “For The People” continues to be the most ironic term ever. More like Government for Me (and by “Me” I’m referring to the political ruling class and their buddies; everyone else really doesn’t matter).

As a personal injury lawyer, we’ve seen a lot of changes to behaviour during the Pandemic. The purpose of this Toronto Injury Lawyer is to examine those Pandemic trends which have really made us shake our heads.

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Published on: November 17, 2020

What will Ontario Courts look like Post COVID for personal injury cases?

By Goldfinger Injury Lawyers

Personal Injury claimants seeking monetary compensation for their injuries and damages (think car accidents, slip and falls, dog bites, motorcycle accidents, bike accidents, long term disability cases) commence their civil claims in the Ontario Superior Court of Justice.

This is not to be confused with a Criminal proceeding or Highway Traffic Act case. Criminal Cases and Highway Traffic Act cases do NOT involve awarding the injured party monetary compensation for their damages or losses. Rather they seek to determine whether or not the accused broke the law, and if s/he did; then determining what is the appropriate punishment.

Another way of thinking about it, is that Criminal Cases and Highway Traffic Act cases are commenced and led by the State against the Accused to prove that the law was broken and to penalize the accused for their wrongdoing. It’s the public which starts and funds the case.

In contrast, civil claims are commenced by individuals or corporations using their own private funds to seek compensation for their injuries or damages. That’s not to say that a public entity cannot advance a civil claim for compensation or damages.

Civil claims are largely about money and compensation. Criminal Cases are largely about rights and protections of the person.

Most people have never set foot inside of a Courtroom, so they have no idea what Courts look like or how they work.

If people have set foot inside a Courtroom, it’s likely not have have been for a personal injury case or a case before the Ontario Superior Court of Justice.

For most people, when they go to Court, it’s on a Bi-Law matter dealing with Municipal Enforcement (like a dog bite or a property dispute with the City), a traffic offense or parking ticket (Highway Traffic Act or Municipal Bi-Law), a Criminal matter or a Family Law case. Rarely is it a personal injury case.

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Published on: November 10, 2020

New Dog During the Pandemic = New Liability. Goldfinger on Dog Bite Claims

By Goldfinger Injury Lawyers

My first case reported in the media was a dog bite claim. It involved a woman who has been diagnosed with PTSD. She had an emotional support dog to help her cope. One day on a walk outside of her the common area of her apartment complex; two unleashed pit bulls attacked and killed her emotional support dog, and attacked my client as well leaving both physical and emotional scars. The story was covered by a number of news outlets because pit bull bans were a hot topic; and it was a very ferocious attack leaving serious and long lasting injuries. The case eventually settled out of Court for a substantial sum. Whenever the Toronto Injury Lawyer Blog covers the topic of dog bites, I’m reminded of this case which still has a place in my heart.

If you’ve walked around your block during the pandemic and seen an increase in the number of dogs; you’re not seeing things. There has been a spike in the purchase and adoptions of dogs during the pandemic. It makes sense. More people are at home with time to care for a dog. People have been cut off from friends and family and are looking for another form of love, support and connection. There’s no better time to get a dog then when on lock down I suppose.

But with dog ownership comes great responsibility. Take away the vet bills, cost of food, accessories, training etc. It’s estimated that many of these new puppy purchases and adoptions will lead to an increased number of dogs being surrendered and shelter numbers going up.

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Published on: October 7, 2020

Mental Health, COVID-19 and Long Term Disability Claims

By Goldfinger Injury Lawyers

2020 has been a really difficult year for so many people across all walks of life; for so many different reasons.

Where does the hell storm of 2020 start for you? Here are a few line items in no particular order just to put 2020 in perspective:

Wildfires blaze out of control and destroy millions of acres of forests in Australia and California. Those California wild fires still blaze. Politicians battle each other whether or not climate change is real
Prince Harry and Meghan Markle announce they are “stepping away” from their Royal Duties
Iran launches ballistic missiles at two American military bases in Iraq
Ukranian flight crashes over Tehran, Iran, killing 176 passengers
An impeachment trial for US President Donald Trump. Trump is acquitted. Depending what side of the isle you’re on, this is either fantastic or a disaster. Regardless of your political stripe, it’s a black eye on American politics showing a nation divided
Kobe Bryant’s helicopter crashes killing Kobe, his daughter Gigi along with 7 others
The UK formally draws out of the European Union. Depending on which side of the political spectrum you’re on, this is either great news, or a catastrophe. Nonetheless, it shows a continent divided.
Stock markets crash globally, recording their largest losses on record
2020 Tokyo Olympics postponed.
Death of George Floyd. Black Lives Matter protests across America show a country divided
Death of Ruth Bader Ginsberg
Death of Eddie Van Halen
Disneyland closes its doors. First time that’s happened since JFK was assassinated.
COVID brings the world to a standstill with over 1,000,000 deaths and global lockdowns.

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Published on: September 15, 2020

My COVID-19 Test Centre Experience

By Goldfinger Injury Lawyers

Hey Ontario Government. Want to open up again for business? Want to be a Government that’s “For the People“?

Heed these words of first hand experience from one of your COVID-19 Testing Centres and learn.

For starters: I’m a personal injury lawyer. I’m lucky to have my own practice; call my own shots and set my own schedule. My “boss” are my clients. I don’t have to punch a clock or report to a manager if I have to take time off work. I have a team of lawyers and clerks to help serve our clients. That makes me very lucky. I appreciate that most people don’t have the same luxury or flexibility in setting their own schedules or getting help.

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Published on: September 10, 2020

E-Discovery & VideoConferencing for Personal Injury Cases: Because it’s 2020!

By Goldfinger Injury Lawyers

“In my view, the simplest answer to this issue is, “It’s 2020”. We no longer record evidence using quill and ink. In fact, we apparently do not even teach children to use cursive writing in all schools anymore. We now have the technological ability to communicate remotely effectively. Using it is more efficient and far less costly than personal attendance. We should not be going back.”

-The Honourable Justice F.L. Meyers

Arconti v. Smith, 2020 ONSC 2782

During the COVID pandemic, personal injury lawyers, insurance adjusters and defence lawyers have claimed to have adapted.

We claim to have embraced e-discoveries, video conferencing, virtual mediations and settlement conferences because we have to. If we don’t embrace the technology, then business doesn’t get done.

It means a Plaintiff’s case can’t be pushed forward.

It means that an insurance defence lawyer cannot bill.

It means that an insurance company cannot clear another file off their desk to set targets and make quarterly economic reports for their stakeholders.

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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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