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.

ICBC at Trial – Judge Punishes ICBC for Forcing Injured Claimant to Trial with Low Settlement Offer

In the past year, there have been an unusual number of ICBC cases that have proceeded to trial.  As a result, an incredible number of trials have been postponed in the British Columbia Supreme Court as a result.  This is devastating to injured claimants who had been waiting years to resolve their claims and who…

Read more

ICBC Compensation for Loss of Housekeeping Capacity – Pecuniary versus Non-Pecuniary Awards

*written by Vic Maan, associate with Holness and Small Law Group In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of…

Read more

ICBC Accelerated Depreciation – Is Your Vehicle Worth Less Now Because of a Motor Vehicle Accident?

If your vehicle has been damaged and the cost of repairs is more than $2,000.00 as a result of a motor vehicle accident, then if you choose to sell this vehicle you must declare the accident to the prospective buyer.  A damaged/repaired vehicle is considered less valuable with a lower resale value. If your vehicle…

Read more

ICBC Lawyer – What Is Your ICBC Claim Worth – Recent ICBC Trial Awards for Non-Disabling Soft Tissue Injuries

For ICBC claims, there are various type of damages that may be claimed including: Non-pecuniary damages also known as damages for pain and suffering Past wage loss for net income loss from the date of the motor vehicle accident until settlement or trial Future wage loss or future loss of earning capacity for anticipated future…

Read more

Vancouver Medical Malpractice Lawyer – Doctor Negligent on the Issue of Informed Consent

As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk.  Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not…

Read more

Blaming the Victim for Declining Surgery – Can ICBC Argue Failure to Mitigate to Reduce Compensation?

As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents.  In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses.  In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…

Read more

ICBC Settlement Offer Higher than Award but Claimant Still Gets Her Costs

The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…

Read more

ICBC at Trial – $100,000.00 Awarded for Permanent Neck, Back and Shoulder Pain

In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …

Read more

ICBC Re-Victimizing Injured Claimants After Trial – Section 83 Deductions – Part 2

*written by Vic Maan, associate at Holness and Small Law Group In a previous blog post on ICBC claims, we discussed how ICBC under s. 83 of the Insurance (Vehicle) Act re-victimizes injured claimants who have gone to trial and won an award. In that article, we discussed the case of Aarts-Chinyanta v Harmony Premium…

Read more