In Thatcher v. Lowe 2021 BCSC 590, the injured claimant sought compensation for injuries he suffered from an assault by 2 members of the Hells Angels in 2016. The injured claimant was sitting in his vehicles when several cars parked behind him and a group of 8-10 men got out and surrounded his vehicle. Members…
As discussed in prior blog posts, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. If this does not occur, then the court may refuse to take into consideration the opinion of the ICBC expert because it is considered faulty or unreliable. In Davidson v.…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Thomson v. Fraser 2021 BCSC 541, the injured claimant was a 21 year-old security guard at the Pan Pacific Hotel in Vancouver. The defendant was a private school teacher at the prestigious Shawnigan Lake School on Vancouver Island. Before the…
As discussed in previous blog articles, the paramount issue in all medical malpractice cases is causation. The injured claimant must prove not only that the doctor failed to meet the standard of care expected of him/her, but also that this negligence caused the injury. The standard of proof is the “balance of probabilities” in which…
To determine if you are entitled to compensation from ICBC for injuries suffered in a motor vehicle, the first step is to identify who was liable or at fault for the collision. This is known as liability. Determining who was at fault for the accident is important because a claim for compensation is based in…
Lawsuits brought for an improper purpose to silence expression and financially punish critics are known strategic lawsuits against public participation (also referred to as SLAPP). The Protection of Public Participation Act (“PPPA”) came into force in British Columbia recently. The PPPA is BC’s anti-SLAPP legislation. Its purpose is to enhance public participation on important public issues.…
In a recent blog post, we discussed the impact an injured claimant’s lack of credibility had in the dismissal of his ICBC hit and run claim at trial. Jacqueline Small, a partner with Holness and Small Law Group, was interviewed by Canadian Magazine on this ICBC credibility case. Credibility is always a paramount consideration in all…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed again by Canadian Lawyer Magazine about an ICBC hit and run case which was dismissed at trial. Ms. Small wrote a blog article on this ICBC hit and run case where the injured claimant’s credibility was a key factor in…
As discussed in a prior blog post, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. Furthermore, all medical experts are to disclose all facts, assumptions and research as part of their expert file which formed the basis of their opinion. In Barn v. Bird…
If a doctor fails to provide necessary medical treatment this is known as a failure to act or a negligent omission. An example is failure to diagnose a medical condition. Another example is failure to provide medical treatment. As discussed in previous blog articles, medical malpractice causation is an important issue in all claims. Causation…