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.

Court Denies Injunction Against 6% Cap on Disbursements

In the case of Shrieves v. British Columbia (Attorney General), 2024 BCSC 889, the Trial Lawyers Association of BC (TLABC) sought an interlocutory injunction to suspend its operation pending the resolution of their petition. A central issue before the court was whether there was a fair question to be tried regarding the petitioners’ challenge to…

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Discrimination Claim Against ICBC No-Fault Injury System Ends in Dismissal

This self-represented injury claimant brought a lawsuit against the Attorney General aiming to have the ICBC no-fault legislation overturned (Lee v. British Columbia (Attorney General), 2024 BCSC 865). He complained that he cannot sue the driver for negligence under the amended Insurance (Vehicle) Act (IVA), which permits lawsuits only if criminal conduct is involved. The…

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Class Action Against ICBC for Injury Benefits Certified

In this class action lawsuit filed against the Insurance Corporation of British Columbia, ICBC, the plaintiff seeks to certify a class action on behalf of all individuals who have purchased compulsory vehicle insurance from ICBC since its founding in 1973 (Rorison v. Insurance Corporation of British Columbia, 2024 BCSC 834)  This group is referred to…

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Claim Dismissed but Double Costs not Awarded to ICBC

In the personal injury case of Hakimpour v. Grimm, 2024 BCSC 685, Justice Tucker provided a detailed ruling on the decision not to award double costs following the plaintiff’s personal injury claim dismissal. The defendant, insured by ICBC, sought double costs post-trial based on a settlement offer of $58,866 made prior to trial commencement, which…

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Court of Appeal Upholds Legal Protection of Pedestrians in Crosswalks

In this personal injury appeal (McGuigan Estate v. Pevach,2024 BCCA 106) the pedestrian was struck in a crosswalk and severely injured at the intersection of 30th Avenue and 39A Street in Vernon. The driver was found 100% at fault and the claimant was awarded $1.7 million. The driver appealed claiming that the judge had failed,…

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ICBC Expert Reports Limited

6% Cap to Profit ICBC Could be Illegal and Unconstitutional

According to the Petition filed by the Trial Lawyers Association of BC ( “TLABC”) on March 15, 2024 the Disbursements and Expert Evidence Regulation,  (the “DEER”)  is an unauthorized exercise of government authority and infringes the Charter  Rights of car accident claimants. The NDP government openly admit that this legislation was brought in to benefit…

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Disbursements and Expert Evidence Regulation

6% Cap on Case Expenses for Car Accident Claimants: Case Review

Background to the 6% Cap on Disbursements The Disbursements and Expert Evidence Regulation caps disbursements in personal injury cases at 6% of the plaintiff’s total damages post-trial or settlement. It only applies to vehicle injury proceedings, essentially car accident cases. It requires injury claimants to apply to exclude disbursements from this cap before the disbursement…

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Nursing Staff Negligent for Failing to Provide One‑to‑One Supervision

In this medical malpractice case the Vancouver General Hospital appealed a decision finding them negligent in failing to assign one-on-one supervision to an elderly patient (Vancouver General Hospital v. Zheng,2024 BCCA 42). The patient subsequently fell and broke his hip. The appeal focused on whether the trial judge erred in concluding that the standard of…

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Canada’s Artificial Intelligence Law: Federal AI Regulation

 Bill C-27: Laws to regulate artificial intelligence systems in Canada Artificial Intelligence Regulation Introduces the Artificial Intelligence and Data Act to set common requirements for the design, development, and use of artificial intelligence systems, aiming to mitigate risks of harm and biased output. Prohibits specific practices with data and artificial intelligence systems that may result in serious harm to…

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