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No ICBC Driver Discounts During COVID-19 Pandemic

Despite $300 million in ICBC savings and a reduction in claims by 37% between April and June, 2020 ICBC is refusing to pay back drivers. It appears ICBC and the NDP are playing politics by waiting to election time to pass the saving onto BC drivers. In fact, ICBC continue to charge high insurance rates…

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ICBC Minor Injury Civil Resolution Tribunal Decision Favours ICBC

Civil Resolution Tribunal, CRT, has made it’s first ICBC minor injury decision arising out of a car accident injury claim. The claimant settled with ICBC for for $6,890 but later found out he had a disc bulge. ( first CRT ICBC Minor Injury Decision) However, ICBC was allowed to settle the case before the disc…

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Settlement Offer Accepted – Can you change your mind?

*written by Vic Maan, associate at Holness and Small Law Group In a previous blog post, we discussed certain circumstances where an accepted ICBC settlement offer can be overturned and rejected. The question then is whether you can also reject an accepted offer from a private non-ICBC insurance company relating to medical malpractice injury claims,…

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ICBC Injury Payout – $120,000.00 for Pain and Suffering for Permanent Soft Tissue Injuries

In Chai v. Greenwood 2020 BCSC 1294, the 46 year-old male injured claimant suffered headaches, mood changes and soft tissue injuries in a motor vehicle accident.  The medical experts were of the opinion that while some more improvement was expected, it would not result in full recovery.  As such, the injuries collectively were considered chronic…

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Sexual Abuse Injuries and Sexual Assault Injuries – Damages for Pain and Suffering

In Anderson v. Molon 2020 BCSC 1247, the injured claimant brought a claim for personal injury for sexual abuse.  Claims were made against the priest in sexual battery who abused her and against the diocese in vicarious liability and negligence for failing to take steps to protect her from harm when it knew of the…

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Vancouver Medical Malpractice Lawyer – Defence of Clinical Judgment (Error of Judgment)

As discussed in previous articles, medical malpractice claims are legally complex and inherently risky due to the expert evidence required to prove negligence against  doctor. The first essential component to a successful medical malpractice claim is proving that the doctor owed a duty to care to his or her patient. Once it has been proven…

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Assault Injury Lawyer – Damages Awarded to Injured Claimant

In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…

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ICBC Re-Victimizing Injured Claimants After Trial – Section 83 Deductions – Part 1

  *written by Vic Maan, Associate with Holness and Small Law Group As many British Columbians are aware, most ICBC claims settle without a trial.  Settling with ICBC is advantageous to injured claimants in certain situations.  With settlement, an injured claimant can control the amount of the ICBC payout by agreeing or refusing to agree…

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ICBC Settlements – Loss of Housekeeping Capacity – Part 1

    *written by Vic Maan, Associate Lawyer at Holness and Small Law Group If you are injured in an accident, you have the right to sue the negligent (wrongful) party for compensation for your injuries and losses.  Examples of losses that are commonly claimed in an ICBC settlements include income loss, future care costs…

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