David Himelfarb is a Partner at Himelfarb Proszanski and head of the Litigation Practice Group practicing in the areas of personal injury law and disability claims. With over 21 years of experience handling personal injury matters, Mr. Himelfarb has gained extensive experience in obtaining significant judgments for victims.
Disability and Personal Injury
Discrimination and Wrongful Dismissal
Some of the services we provide to clients regarding Discrimination and Wrongful Dismissal claims include:
- Wrongful dismissals
- Human Rights claims including those based on disability, race, gender etc.
- Handling workplace violence and harassment matters under Bill 168 (OHSA)
- Mediation and arbitration services Contract and settlement negotiation, review, and drafting
- Occupational Health and Safety Act complaints
- Workplace investigations
- Representation at courts and tribunals
If you have been wrongfully dismissed or discriminated against or have another employment law related matter, please contact us.
Mr. Himelfarb has appeared before all levels of Courts and tribunals in the Province, including the Ontario Court of Appeal as well as the Supreme Court of Canada and is acknowledged as an effective advocate and negotiator. Many of his cases have been reported and are utilized as precedents in the legal community.
As well, Mr. Himelfarb has made numerous appearances on television including Canada AM on CTV, CBC Morning News, National Edition Global News, City TV News and numerous radio stations across Canada.
Mr. Himelfarb is a member of the Advocates Society, Toronto Lawyer’s Association, Canadian Bar Association, Ontario Trial Lawyers Association, and the Ontario Branch of the Canadian Bar Association.
Some of the services we provide to clients regarding Disability and Personal Injury claims include:
- Motor Vehicle Accident Benefit and Personal Injury claims
- Slip and fall and Medical Malpractice claims
- Traumatic Brain and Spinal Injury disability claims
- Short-term and Long-term disability claims
- Reviewing, interpreting, and providing advice on insurance contracts
- Dealing with doctors, insurance companies, insurance adjusters, and lawyers on your behalf
- Denial of coverage due to failure to pay premiums or pre-existing conditions matters
If you have injuries arising out of an accident or have another tort related matter, please contact Mr. Himelfarb at 1-877-820-1210 ext. 226 or email at dhimelfarb@himprolaw.com.
Contact info
PERSONAL INJURY AND DISABILITY
Personal Injury
David Himelfarb and the Civil Litigation Practice Group of Himelfarb Proszanski has acquired extensive expertise in handling a variety of personal injury matters including motor vehicle accidents, slip and falls, spinal cord and brain injuries, tort, medical malpractice, and short-term and long-term disability claims.
Motor Vehicle Accidents
After a motor vehicle accident, there are two types of claims available to a victim. The first is a cause of action against the driver of the negligent vehicle known as the tort claim. The second is a cause of action against your insurance own company or the insurance company of the negligent driver, known as the accident benefits claim. Litigation involving motor vehicles can be complex, it is essential that you retain a competent lawyer with significant experience handling both aspects of your motor vehicle claim.
Slips and Falls
Injuries resulting from slips and falls are a common type of personal injury accident. Every owner and occupier of property has a duty to ensure that any person entering his or her property is safe.
A homeowner must make sure that the driveway and steps leading into his or her home is in good repair and is free of ice and snow in the winter.
Similarly, an owner of a shopping mall or business must make sure that his or her floors are free of spills and slipping hazards.
If your fall was on a city sidewalk, you must provide the municipality with written notice within 10 days. Failure to notify the city in time can invalidate your claim. It is highly recommended that you retain a lawyer quickly to do this on your behalf.
Injuries from slips and falls can be devastating. They are usually not investigated by local police departments. Therefore, it is important to obtain the names of all witnesses, have family members take pictures, if possible, and report the slip and fall immediately to the owner and occupier of the property.
Compensation for slip and fall accidents include:
- Pain and suffering
- Past and future income loss
- Health care expenses
- Housekeeping and home maintenance expenses
- Family Law Act claims for family members
Traumatic Brain and Spinal Injury
Traumatic Brain Injuries (TBIs) result in the death of over 11,000 Canadians a year as well as rendering nearly 6,000 people disabled in Ontario and are most commonly caused by serious motor vehicle accidents, falls, assaults, or tortuous conduct and can have severe economic, physical, and emotional consequences for victims.
There are over 41,000 Canadians suffering from Spinal Cord Injuries (SCI) and 1,200 new SCIs every year. The most frequent causes SCIs are from motor vehicle accidents, falls, and medical procedure complications.
The medical care requirements for people suffering a TBI or SCI can enter into the millions.?For our clients, we have negotiated million dollar settlements and have over 50 years experience handling personal injury matters. Our lawyers understand the severity of these devastating injuries and will work vigorously to quickly resolve your matter so that, in addition to compensatory damage awards, financing is available for your required medical treatment and cost of living.
Medical Malpractice
Medical Malpractice cases are extremely complex and therefore, difficult to prosecute.? It is imperative that you retain an experienced and competent lawyer who practices in this area of law. David Himelfarb leads an experienced team of lawyers who have extensive insight in representing medical malpractice victims and who are genuinely committed to securing proper and just compensation.
We have handled hundreds of cases with successful results for our clients.?Our strategy is straightforward – Approach each case on its own merits and have each case reviewed by a physician to determine the extent of any negligence on the part of the doctor or hospital.?This individualized physician review takes the guesswork out of determining whether you have a case against a medical professional.
If you have a personal injury matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226 or dhimelfarb@himprolaw.com
Disability Benefits
Disability benefits are normally available from your employer through a group benefit plan or your private insurer. Whether by an accident or illness, disability benefits are essential if you become injured and are unable to work and support yourself or your family. Unfortunately, insurance companies all too often deny disability claims. This can occur because the insurance company believes that there is insufficient evidence to support a claim of disability or because the required documentation is not completed or completed inaccurately. Sometimes, insurance companies may have more nefarious reasons for denying a claim. Whatever the reason, Himelfarb Proszanski has the experience to vigorously advocate for our clients to ensure that they receive all the compensation they are entitled. Combined, the lawyers at Himelfarb Proszanski have over 50 years experience dealing with personal injury and disability matters and a proven track record of obtaining favourable results for clients.
Short-term Disability Benefits
Your insurance contract governs all matters with respect to disability claims and payments and will set out the maximum period of coverage while you are unable to work. Sometimes, a disability claim is a consequence of a motor vehicle accident or other tort related injury. In such a case, it makes sense to have the same law firm handle both your disability claim and civil action. Himelfarb Proszanski is a full service law firm providing legal services in a multitude of areas and is capable of expeditiously and expertly handling your consolidated matters.
If you have a disability matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226 or dhimelfarb@himprolaw.com
Long-term Disability Benefits
If your injury or illness is serious, it may keep you from working for an extended period of time. Long-term disability coverage steps in after short-term coverage has ended as defined in your insurance policy. Himelfarb Proszanski is committed to working closely with our clients to review insurance contracts and give advice to ensure that clients are adequately informed as to their rights and responsibilities. As with short-term disability, a long-term claim may be a consequence of a motor vehicle accident or other tort related injury. Allowing one firm to handle both your disability claim and civil action will result in seamless representation and cost savings.
If you have a disability or personal injury matter and require assistance, please contact David Himelfarb at 1-877-820-1210 ext. 226.
Incidental Claims
If an insurance company wrongfully denies your claim, you may also have a claim for breach of contract and good faith. As well as having accumulated years of experience dealing with insurance companies and obtaining multi-million dollar settlements for our clients, we are also regarded as one of Ontario’s leading litigation law firms and have experience before all levels of courts in Ontario and the Supreme Court of Canada. We will ensure that you get the compensation you are entitled.
DISCRIMINATION AND WRONGFUL DISMISSAL
Wrongful Dismissal
In Canada an employer may terminate an employee at the employer’s discretion. There are very few exceptions where employment is guaranteed for a period of time. Generally, if there is no legal cause for the termination such as fraud, theft, breach of confidential information etc., the employer must give the employee either reasonable notice or pay in lieu of notice.
In order to determine how much working notice or pay in lieu of notice is to be given to an employee, several factors must be considered:
- the length of service
- the employee’s age
- the character of the employment
- the availability of similar employment having regard for the experience, training and qualifications of the employee.
Collectively, we have settled thousands of wrongful dismissal cases successfully, and are often involved in writing and speaking about this topic in the media.
If you have a wrongful dismissal matter, contact us: 1-877-820-1210.
Human Rights: Human rights are quickly becoming one of the growing legal issues in the work place. Workplaces that are provincially regulated are governed by the Ontario Human Rights Code. Federally regulated workplaces are governed by the Canadian Human Rights Act. The protected grounds vary depending on the legislation.
The Canadian Human Rights Code protects against employment discrimination based on:
- race
- national or ethnic origin
- colour
- religion
- age
- sex
- sexual orientation
- marital status
- family status
- disability
- conviction for which a pardon has been granted
In 2008, the law was changed so that a claim against a provincially regulated employer may now be brought in either, the courts (if there is an existing common law claim) or the Ontario Human Rights Tribunal. The Ontario Human Rights Commission now only deals with claims of systemic discrimination.
If you have a human rights issue and want to take advantage of our expertise representing clients the Human Rights Tribunal or the Ontario Human Rights Commission, please call us: 1-877-820-1210.
Wrongfully Terminated Because of Disability: It is a human rights violation for an employer to discriminate against a disabled employee in any way. This includes discrimination in decisions related to hiring, promoting, and terminating employees. Effectively remedying violations such as these requires the services of a lawyer with significant experience before the Ontario Human Rights Tribunal and Ontario Human Rights Commission. We have lawyers who practice exclusively in the area of employment and human rights law and has published numerous articles on employment and human rights issues. She has developed unique skills to competently represent employees before all courts and tribunals in Ontario and frequently obtains favourable results.
If you believe that you have been wrongfully terminated, please contact us; 1-877-820-1210.
Protections Afforded to Disabled Employees: Under the Ontario Human Rights Code, disabled employees are entitled to the same treatment as non-disabled employees. If you have been rendered disabled by an injury or illness and can work, your employer may be required to make reasonable accommodations for you. Such accommodations may include:
- Allowing for flexible work hours or adjusting work schedule
- Job restructuring or reassignment to a different job
- Installing wheelchair ramps and automatic doors to allow access to workplace
- Providing work materials and documents in alternative formats such as Braille
- Allowing the use of accrued sick leave or medical leave
If you have a human rights or accommodation issue and require assistance, contact us: 1-877-820-1210.
Employee Protections under the Occupational Health and Safety Act
Employees have additional protections from Bill-168, a recent amendment to the Occupational Health and Safety Act, which provides that employers are required to develop and implement policies and a plan designed to prevent workplace harassment and violence, including harassment and/or violence from an employee’s spouse.
The Disability and Dismissal Law Team
