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The word trust, in a non legal sense is defined as “the firm belief in the reliability, truth, ability, or strength of someone or something.”

In the context of a personal injury case, there are times where trust can be a good thing; and times when it can be a very bad thing.

The purpose of this week’s edition of the Toronto Injury Lawyer Blog Post is to give you some first hand examples from Brian Goldfinger on when it’s a good time to trust, and when it’s not such a good time to trust in the context of your personal injury case.

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Toronto has seen a spike in pedestrian/car and bike/car accidents. Toronto has also seen a spike in fatality claims arising from such accidents. Vision Zero is a multi-national road traffic safety project that aims to achieve a highway system with no fatalities or serious injuries involving road traffic. Vision Zero has been implemented in Toronto, but its objectives have not been met. The goals are ambitious, and failure to reach those goals is a “good try“. Harsher critics would call it a failure.

Fatality claims on Toronto Roads have hit such a crisis point that City Council voted unanimously to double this year’s road safety budget in light of recent cyclist and pedestrian deaths and public outcry. An additional $22 million in annual municipal spending will go towards accomplishing Vision Zero goals in the City of Toronto. This more than doubles the initial budget of Vision Zero, which had been set at around 21.3 million.

We can all agree that nobody should be seriously injured, or killed while using our streets either as a motorist, cyclist, or pedestrian. Our streets should be safe; and the fear of getting run over by a car shouldn’t run rampant in your mind when out and about trying to enjoy city life in Toronto.

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My name is Brian Goldfinger. I’m a personal injury lawyer. My law firm Goldfinger Injury Lawyers helps accident victims, disability claimants, and their loved ones fight insurance companies to get the benefits and compensation which they deserve after a serious accident, illness or injury.

My law firm only acts on behalf of injured and disabled people. We do NOT act on behalf of insurance companies. The only area of law which we practice is Plaintiff side personal injury law. We do not practice in any other areas. Goldfinger Injury Lawyers serves the province of Ontario with meeting offices in Toronto, London, Peterborough and Kitchener. If you can’t make it to us, we would be happy to visit with you for a free initial consultation.

If you are reading this latest installment of the Toronto Injury Lawyer Blog Post, you likely have some questions about long term disability claims and how they work.

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FOR IMMEDIATE RELEASE (June 20, 2018)

TORONTO: A resolution reached today between ‎lawyer Brian Goldfinger and the regulator of Ontario’s legal profession will aid lawyers in navigating the rules that govern lawyer advertising.

The resolution states that Mr. Goldfinger’s advertising constituted “misconduct” under the Law Society of Ontario’s rules, but that it was neither dishonest nor intentionally deceptive.

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My name is Brian Goldfinger. I’m a personal injury lawyer.

My law firm, Goldfinger Injury Lawyers, represents injured accident victims, disability claimants and their loved ones across Ontario.

We have meeting offices in Toronto, London, Peterborough, Kitchener-Waterloo, and soon to be Owen Sound too! More on our expansion to Owen Sound in days to come.

Recently, I attended at a private mediation on very serious car accident case in London, ON. In dispute was everything under the sun including but not limited to:

  • Liability (whose fault was the car accident)
  • Damages (how bad are the Plaintiff’s damages)
  • Causation (are the Plaintiff’s damages directly attributable to the subject car accident)
  • Income loss & loss of competitive advantage in the workplace
  • Past and Future Care Costs
  • Attendant Care Costs
  • Housekeeping & Home maintenance costs
  • Are the Plaintiff’s injuries catastrophic?
  • What is the value of the Family Law Act Claims?
  • Will the injuries meet the threshold?
  • If so, will those injuries surpass the $37,983.33 deductible for pain and suffering claims general damages under $126,610.07​
  • Payment of Non-Earner Benefits
  • Payment of Attendant Care Benefits
  • Which disbursements are assessible, and which aren’t?
  • How much interest is owing and at which interest rate?
  • What is the applicable discount rate for payments made in to the future?
  • What are the appropriate set offs which the tort insurer and accident benefit insurer are entitled to; if any?

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It’s not often that the Toronto Injury Lawyer Blog comments on cases decided at the Human Rights Tribunal of Ontario.

The reason being is that car accident cases, slip and falls, long term disability cases, motorcycle accidents etc. are all dealt with before the Ontario Superior Court; not the Human Rights Tribunal.

But ever so often, cases heard at the Human Rights Tribunal of Ontario intercede with cases relevant to the field of personal injury law in Ontario.

Talos v. Grand Erie District School Board is one of those cases.We here at Goldfinger Injury Lawyers believe this to be a very important decision for employees, employers, insurance companies and lawyers alike.

In 2006, the Province of Ontario passed a law that ENDED an employer’s right to terminate an employee at the age of 65. This allowed people to work much longer, and ended discriminatory practices based on age to people over 65.

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Earlier this week I was at lunch with a good friend of mine. He was involved in a car accident a few weeks ago. I (Brian Goldfinger) was the ideal person to lunch with because we could talk about my primary area of practice, personal injury law.

While my friend was driving around his subdivision, another driver ran a stop sign and t-boned his vehicle travelling at high speeds.

My friend’s vehicle was virtual write off; although the insurer is doing everything in their power to salvage the vehicle. It’s cheaper for them to pay for the labour and parts than it is to purchase a new vehicle.

My friend’s air bags deployed. He was knocked unconscious for a period of time. How long is uncertain.

My friend told me how hard the other guy’s insurance company was fighting with him. This seemed odd because the car accident only happened a few weeks ago, and here in Ontario, we have a no fault accident benefit system which is supposed to take away that fighting between the innocent accident victim and the other driver’s insurance company at such an early stage. If there is to be any fighting or disagreement, this would take place at a much later stage.

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Every Sunday morning, personal injury lawyer Brian Goldfinger puts down the law books and takes his daughter bright and early to gymnastics.

One day at gymnastics, one of the other fathers entered the building. He had a crutch with a knee support to keep his knee elevated so that it didn’t touch the ground. He had an elbow rest for his arm so that he didn’t have to grip because his hand and thumb were injured. He had raccoon eyes and scratches all over his face and head. Poor guy. He was a mess.

Brian Goldfinger asked what happened? As it turned out, this kind young man had been bike riding on his morning commute to work.

He was taking his normal path through some back roads, bike paths, along with major streets in downtown Toronto.

While riding eastbound along a major Toronto street, he fell victim to a dooring incident.

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It’s never ok for Google to be your lawyer. Nor is it ok for Google to be your doctor, dentist, accountant, amateur arborist or veterinarian. You get the picture.

But Google and the internet are a wealth of information. That information can be very helpful at times. At other times, it can be very dangerous. So dangerous in fact just doing a simply Google search as a juror can be cause for a mistrial in an Ontario car accident case.

How could this possibly happen? How could something as innocent as a Google search impact a personal injury case?

Enter the recent Ontario Superior Court case of Patterson et. al. v. Peladeau 2018 ONSC 2625

After 8 weeks of evidence, closing arguments and a jury charge, the jury deliberated for five days before returning with a verdict.

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Brian Goldfinger and Goldfinger Injury Lawyers have assisted a large number of disabled teachers and disabled Canada Post workers with their Long Term Disability cases.

Representing teachers and postal workers can be tricky.

For starters, most, if not all full time teachers and postal workers are unionized.

That means their employment and benefits process will be governed by the terms of their respective collective bargaining agreements.

Each collective bargaining agreement, and each term of that agreement differs depending on the union, the employer, the employee’s position, the seniority of the employee, the length of time they have been working for the school board or Canada Post.

In some cases, the collective bargaining agreement prohibits the disabled unionized employee from hiring a personal injury lawyer to fight their long term disability case. That means that the disabled claimant must proceed with his/her union by way of grievance.

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