Articles Posted in Legal News

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It’s December 20, 2017. We are in the thick of the Holiday Season. Brian Goldfinger, on behalf of Goldfinger Injury Lawyers PC wants to take this opportunity to wish you and your loved ones a Happy and Safe Holiday Season.

Brian Goldfinger would be lying if he told you that things slow down at Goldfinger Injury Lawyers PC around this time. That’s not a true statement.

We see a lot of insurers and defence lawyers alike looking to close their files. Our law firm also receives a lot of call and inquires through the holidays from prospective clients regarding serious car accident cases, slip and fall cases, motorcycle accidents and long term disability claims.

Just because the Courts close for a few days for the Holidays doesn’t mean that the world of personal injury law slows down. In fact, lots seems to happen for whatever reason one the Holidays. If Brian Goldfinger could give a good explanation as to why this happens, he would.

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If you are hearing a roar of applause, and perhaps laughter in delight, it’s coming from high atop the corporate head quarters and legal offices of auto insurers across Ontario.

Insurers won large in two recent Court of Appeal decisions which were released earlier this month:

El-Khodr v. Lackie, 2017 ONCA 716

Cobb v. Long Estate, 2017 ONCA 717

In the Cobb decision, a Jury verdict of $220,000 in favour of the injured accident victim plaintiff, was reduced by the Ontario Court of Appeal to just $22,136.60. After applying the statutory deductible for pain and suffering claims, that meant the case had no value whatsoever.

This case took 19 days to try before a Jury. Costs were awarded to the Plaintiff in the amount of $409,098.48. That cost award by the trial judge was completely eliminated by the Ontario Court of Appeal, who ruled that “in the circumstances, in my view, the fairest result to both sides is that each party bears its own costs“.

The Insurance Act and car accident legislation is intended to be consumer protection legislation. There are reasons that there are (and were) cost provisions against large insurers to ensure that the scales of justice were not tipped in their favour when it comes to the money required to litigate disputes.

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The Liberal Government of Ontario plans to introduce new tougher penalties to crack down on careless and distracted driving, this fall.

The Honourable Minister of Transportation Steven Del Duca, along with some other MPPs, announced the new measures today in Toronto.

The legislation, if passed, is supposed to protect pedestrians and cyclists and reduce the number of fatality claims involving people killed or injured by drunk, distracted, impaired and/or dangerous drivers.

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In Ontario, if you win your case, a judge cannot award you a victory medal, a ticker tape celebratory parade, or a key to the City in your honour. The Judge also cannot order that the at fault party experience the same pain and suffering which you endure.

The only thing the Judge can do is award you compensation in the form of MONEY.  What you do with that money is up to you. So, if you want to take that money from your personal injury case and use it to get a permit and then have a celebratory parade, go right ahead.

It’s nothing personal, it’s busiess

The reality is that personal injury litigation is a serious business. It’s a business because there is money at stake.

That money doesn’t come from a small local charity or a mom and pop’s store/restaurant. In most cases, that money comes from a large, multi national insurance company with offices across Canada and other parts of the world. Most of these insurers trade publicly on stock exchanges world wide. They exist to earn a profit. The more money these insurers pay out in awards, the less money they get to report in profit for their share holders. Continue reading →

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In the November 6, 2015 edition of the Law Times, personal injury lawyer Brian Goldfinger wrote an article entitled “Three Day Summary Judgment Mini Trial”You can find a link to Mr. Goldfinger’s article here as reproduced in the Toronto Injury Lawyer Blog.

Our lawyers were wondering when such a situation would occur? How does what seems to be a routine summary judgment motion where Affidavit evidence, and transcript evidence along with case law which is presented to a Judge, get converted to a mini trial or trial of an issue?

In what situation would this occur? How, why, when and by what mechanism does a Judge order a mini trial or trial of an issue in an Ontario personal injury law case?

Hot off the press, here might be your answer to those questions (and more):

CITATION: Minke v. Hartman, 2017 ONSC 3922

COURT FILE NO.: C-584-15

DATE: 2017/06/27





Steven Minke, Linda Minke, Cameron Minke and Brittany Minke


– and –

Stephen Hartman, Foot Works and Foot Works Inc.




) )

) )

) )



Brian R. Goldfinger and Azka Ashan, for the Plaintiffs
Anna L. Marrison and John McIntyre, for the Defendants
  ) HEARD: April 12, 2017




  • This is a motion for summary judgment by the defendants seeking to dismiss the action due to the expiration of the limitation period.
  • Stephen Hartman is a chiropodist registered to practice in the Province of Ontario. From March, 2006 until November, 2010, Hartman provided footcare treatment to Steven Minke through his chiropody clinic in relation to Minke’s diabetic condition. While being treated by Hartman, Minke developed Charcot foot.
  • On May 15, 2012, Minke underwent a below the knee amputation of his right leg as a result of the Charcot foot.
  • By way of a report dated January 5, 2015, Dr. Perry Mayer a physician who specializes in the treatment of feet of diabetics and in particular the treatment of Charcot foot opined:

Had the appropriate treatment been undertaken at the initial presentation of foot deformity, Mr. Minke would not have lost his limb.


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If you’ve been seriously hurt or injured in an accident; or you’ve been denied long term disability benefits by your insurer, you will likely need to retain a lawyer.

But, not just any lawyer. You will need a personal injury lawyer. Here are some quick tips on what to look for when selecting a personal injury lawyer:

  1. Make sure that they practice personal injury law exclusively! Don’t get a lawyer who dabbles in the odd personal injury or LTD matter. If you needed brain surgery, would you get a surgeon who does the occasional brain surgery, or would you want a brain surgeon who concentrates exclusively on brain surgery? The answer is obvious. Getting a so called “dabbler” is a recipe for disaster. Your case is too important to be messing around with.
  2. Does your personal injury lawyer actually do the work, or is your file being referred out of house? Do you want your lawyer referring your file elsewhere, or do you want your personal injury lawyer to be doing the work? If your file is being referred elsewhere, are you being charged a referral fee upon recovery which comes out of your award? If so, how much is that referral fee? If I were an injured accident victim, I would ensure that the lawyer who I retained was in fact doing the work which s/he was retained to do and not a law firm who I’ve never met with or heard of.
  3. Make sure you’re meeting with a lawyer, and not a “runner”: We have heard horror stories of accident victims in hospital who have been approached by people who represent themselves to be lawyers, when they aren’t. These people try to get unsuspecting accident victims and their families to sign paper work so that they can bill the insurer for services, or so that they can take their cases to law firms or paralegals to being working on their files. Our law firm has reported such incidents to the Financial Services Commission Fraud Hotline . Sadly, not much has come of our tips to the fraud hotline other than a few investigations which didn’t go anywhere for reasons unbeknownst to us. In any event, be weary of non lawyers posing as lawyer trying to get you to sign on the dotted line.

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Medical experts, along with their reports, are major pieces of evidence in any serious personal injury case in Ontario.

The testimony of a Plaintiff, and that of a Defendant, will likely be self serving.

The Injured Accident Victim Plaintiff will take the stand and provide evidence that the accident was not their fault, and as a result of the accident; that they are seriously injured and can no longer lead a normal life.

The Defendant in a personal injury case will say the exact opposite. The accident was not their fault, and that the Plaintiff did not appear to be injured at all in the accident.

With testimony which is so diametrically opposed; how is a Judge or Jury supposed to decide who is telling the truth? Certainly the credibility and likeability of the parties comes in to play. But there is another major factor as well.

That’s where medical experts come enter the scene. These are often doctors, hired by the Plaintiff’s lawyer, or the Defendant’s lawyer to provide expert testimony or evidence in support of the case, one way of the other. The testimony of these experts, along with the evidence which they tender in to Court can be very persuasive. It’s often the difference between a successful or unsuccessful case. The battle of experts is very real, and it’s very important in a personal injury case.

Medico-legal experts in the context of personal injury cases have come under fire in recent months. A National Post story entitled “Hired Gun in a Lab Coat: How Medical Experts Help Car Insurers Fight Accident Claims” is a fantastic read which sheds some light on how the business of medico-legal experts plays out.

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Personal Injury Lawyer Brian Goldfinger drew inspiration for the proceeding entry of the Toronto Injury Lawyer Blog from Nick, famous YouTube Star of wildly entertaining, and super high quality Pokemon GO! channel; Trainer Tips. Check out his channel if you haven’t already.

Shout out to Nick for all of the hard work he does uploading daily videos to his channel. The guy doesn’t mail in his entries. The production quality on his YouTube channel is top notch. While his channel deals with the game Pokemon GO!, he also covers such topics as food, travel and general life tips.

Nick has raised thousands of dollars for tsunami relief in Japan through his channel and has entertained/educated, hundreds of thousands of people all over the world. He has close to 600,000 subscribers for a Pokemon GO! channel which is remarkable, even though he believes that his numbers are going down (through no fault of his own…that’s on Niantic!)

In addition, the makers of Pokemon GO! (Niantic) have been rather lame with respect to updating the game, and failing to release new content (Generation Two). This has resulted in a slow down of game play, and a slow down in interest in the game itself. But Nick is still finding ways to entertain daily, which is a testament to his creativity, positivity, perseverance, and talent. Love it!

So, how does Nick’s YouTube channel relate to personal injury law in Ontario Canada? Good question!

Recently, Nick had to go in for Jury Duty Selection at a downtown Courthouse. He was dismissed. You can check out Nick’s great take on Jury Duty at the 4:57 mark of his YouTube Video. 

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New cases are released all the time. In Canada’s common law system, new cases help build and develop our legal system. Think of it as an ever changing, evolving, legal landscape.

Some cases stay the course. Other cases change things slightly. But some cases make your eyes POP and make you question “what was going on in the Courtroom during the trial” or “what were they thinking when they released this decision“?!?!?!?

To kick off 2017 for car accident law cases in Ontario, we have one of those decisions that makes you go “hmmmmmm” and really scratch your head.

Ladies and gentlemen; I hereby introduce you to the Judge and Jury decision of Bodenstein v. Penley, 2017 ONSC 27. This case was just released at the start of 2017.

This was jury trial which appears to have lasted over the course of a few weeks, perhaps even more. A few things to note about this case:

  1. The car accident took place on August 22, 2003
  2. The Jury was charged, meaning that the meat and bones of the trial was done on December 21, 2016
  3. The Judge then released her decision on a motion on liability alone on January 3, 2017

That means that from the date of the car accident, until the date that the trial decision was released from the Judge; 4883 days had passed!!!! For all you geeks out there, that’s 13 years, 4 months and 12 days from car accident to final verdict!!!! Talk about a long time to wait to have your day in Court!

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When a client walks through our doors, they will meet with me, Brian Goldfinger; the owner and directing lawyer of Goldfinger Injury Lawyers. I’m the Goldfinger in the Goldfinger Law.

My firm employs other lawyers, paralegals and clerks who assist me. But there are no hidden partners or agents outside of my law firm who you are being passed along to for the legal work on your case. If we take on your case, we will do the work. Your file, along with your personal and confidential information stays with our law firm. It doesn’t get passed along to another lawyer or law firm who you’ve never met or heard of.

What you see is what you get. No games. No gimmicks. Our clients have responded well to this approach; which has helped our law firm grow, one satisfied client at a time. We currently boast four offices across Ontario, with the ability to serve clients across the province.

All our law firm does is Plaintiff side personal injury law. We do not practice on behalf of large insurance companies which defend people. Nor do we practice in any other areas outside of the field of Plaintiff side personal injury and insurance law. Our practice is devoted to suing on behalf of injured accident victims and disability claimants so that they can get the results, compensation and benefits which they deserve.

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