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Burton addresses this risk at the outset.
He tells clients that a personal injury claim
is a significant invasion of privacy, from the
disclosure of medical records dating back
three years before the accident to the opposing
parties combing through Facebook posts.
"They must assume and expect that every-
thing they put out there will be available to the
other side. Be ready to talk about it," he says.
Burton advises clients to be more selec-
tive about what they share on social media
and to keep sensitive personal informa-
tion off public platforms. He's seen far too
many details posted on GoFundMe pages,
for example, as well as people describing on
family members' public Facebook walls how
their injuries are – or are not – improving.
He also stresses the importance of keeping
contemporaneous, private notes about how
they are genuinely feeling on any given day.
"It's tricky because there's so much inter-
play between social media, life, and liti-
gation in these cases," Burton says. "From
the outset, we provide our clients with a
letter that gives them a real heads-up about
social media safety and encourages them to
be mindful."
A holistic view
What an accident does to a person is never
merely physical. The law, practised well,
should account for all of it. The Supreme
Court of Canada's decision in Saadati
confirms a principle Burton believes every
personal injury lawyer should bring to each
file: a formal psychiatric or psychological
diagnosis is not required to establish that a
mental injury has occurred.
"Don't overlook the fact that there's no
immediate psychiatric diagnosis of a client
and think that maybe there isn't a psycho-
logical injury," he says, noting that lawyers
should use every tool available.
For example, a client injured in a motor
vehicle accident who has access to acci-
dent benefits should also use those funds
for psychological therapy, social work, and
family counselling. Burton has found that
the benefits extend further than anyone
expects: clients who had never sought
counselling before discover resources and
insights that reach well beyond their imme-
diate recovery.
"It's about rebuilding their lives – taking the
individual as we find them and helping them as
best we can," Burton says. "Get to know them,
get to know the whole picture, and include it
as part and parcel of their recovery and their
case in every situation. Everybody has a mental
health component."
"Don't overlook the fact that there's no
immediate psychiatric diagnosis of a
client and think that maybe there isn't
a psychological injury"
Jonathan Burton, Gluckstein Lawyers
Jonathan Burton joined Gluckstein Lawyers in 2005. He received
his bachelor of laws from the University of Western Ontario in
June 2006 and returned to the firm to complete
his articles. Following his call to the Ontario bar
in June 2007, he assumed his current position
as a senior litigation lawyer. Burton restricts his
practice to insurance litigation, including personal
injury, disability matters, occupiers' liability,
medical malpractice, and product liability.
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