Since 2010, Holness and Small Law Group has written over 1000 legal blog articles. We believe that staying informed and current with personal injury news and case developments is essential to providing proper legal services to our clients when advocating for their rights.

Expert Opinion on Medication Refusal Central to 70% Reduction in Award

In this review of Padgham v. Ram, 2025 BCCA 100 I focus on the key legal issues applied by the Court of Appeal in this personal injury claim. Failure to Take Recommended Medication The claimant appealed a personal injury damages award arising from a 2016 motor vehicle accident caused by a TransLink bus. While the…

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Proving Inability to Work in Minor Injury Claims: A Case Review

In Sudbury v. ICBC, 2025 BCCRT 176, the Civil Resolution Tribunal (CRT) adjudicated a dispute arising from a hit-and-run motor vehicle accident that occurred on November 5, 2020, in Burnaby. The applicant claimed that the unidentified driver was negligent and sought damages from the Insurance Corporation of British Columbia (ICBC) under the Insurance (Vehicle) Act…

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Evidence Required to Exceed the Minor Injury Cap: A Case Review

In British Columbia, the Insurance (Vehicle) Act and the accompanying Minor Injury Regulation define a “minor injury” for motor vehicle accidents occurring between April 1, 2019, and May 1, 2021. This classification includes injuries such as sprains, strains, mild concussions, and certain psychological conditions that do not result in serious impairment or incapacity. For these…

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Financial Hardship and Disbursements in Vehicle Injury Litigation

This vehicle injury case arises from a motor vehicle accident on September 14, 2018, in which the plaintiff was struck from behind while traveling on Highway 1( Gill v. Gregory,2025 BCSC 352). Liability for the accident has been admitted. The plaintiff, a heavy-duty mechanic employed by Coast Mountain Bus Lines and Vancouver Port Authority, returned…

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ICBC Settlement Disputes and Costs in 2025

In today’s case, Thiessen v. Kepfer, 2025 BCSC 127 the  Supreme Court ruled on cost awards following an ICBC personal injury trial. The plaintiff was awarded $1,224,699.74 in damages for injuries sustained in a motor vehicle accident which occurred in April, 2017. The key issue in this cost ruling was whether the plaintiff was entitled…

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Revoked Settlement Offer Still Justifies Double Costs

In MacFarlane v. Gustafson, 2024 BCCA 400, the injury claimant sought personal injury damages arising from a serious car accident injury.  The claimant made a reasonable offer before trial which was rejected.  One key matter concerned the trial judge’s decision to award double costs to the claimant under Rule 9-1(1)(c) of the Supreme Court Civil…

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The Hidden Dangers of ICBC’s Use of Jury Trials in Car Accident Compensation

The Insurance Corporation of British Columbia (ICBC) plays a pivotal role in the province’s motor vehicle insurance landscape. Established in 1973, ICBC is not only the sole provider of basic auto insurance but also competes in the optional insurance market. While its mandate includes providing affordable insurance and promoting road safety, concerns have arisen over…

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Cost of Future Care Increased by Court of Appeal

In  the personal injury case of Sharma v. Sagoo (2024 BCCA 319), the claimant  appealed the trial judge’s award for various heads of damages, including the cost of future care. The trial judge had awarded $6,600 for future care, a figure that included reduced amounts for treatments such as physiotherapy, massage therapy, custom orthotics, and…

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Disbursements and Expert Evidence Regulation

$360,000 Offer Rejected Resulting in $1 million Award: Double Costs Awarded

In the personal injury case of Reaume v. Rossetto, 2024 BCSC 1430, the Supreme Court of British Columbia  awarded double costs the a successful claimant. The claimant was awarded $1,021,953 in damages for personal injuries sustained in a motor vehicle accident. Subsequently, she sought double costs from the defendants under Rule 9‑1(4) of the Supreme…

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future earnings

$6 Million Loss of Earnings Award

In the personal injury case Kherani v. Da Silva, 2024 BCSC 1349 the claimant sought damages for personal injuries arising from a 2017 motor vehicle accident. The collision affected her ability to work as an ophthalmic surgeon, leading to a significant loss of income-earning capacity. This case summary focuses on the plaintiff’s loss of earnings…

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