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.

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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Hit and Run Subjective Legal Test Clarified

In the personal injury appeal of Takhar v. Insurance Corporation of British Columbia, 2024 BCCA 275, the appellant sought an award for injuries sustained in a motor vehicle accident. The appellant was sideswiped by an unidentified vehicle while driving. Since the other driver could not be identified, he named the Insurance Corporation of British Columbia…

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ICBC auto insurance Monopoly

ICBC and False Claims of Judicial Bias

ICBC claimed bias of the trial judge in the following ICBC injury case. The Court of Appeal disagreed with ICBC,  BC’s auto insurance monopoly. In particular ICBC claimed, without success that it was unfair that the judge: Expressed cynicism about the legislature’s motives in limiting the number of expert reports that can be commissioned; Commented…

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Document Demands Close to Trial Dismissed

In the personal injury case of Forstved v. Kokabi, 2018 BCSC 111, the Supreme Court addressed three late applications seeking additional document production . The plaintiff, suffered a traumatic brain injury from a 2012 car accident which impaired his business competency and ability to earn income. The defendants requested numerous documents related to his  past…

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Pedestrian Rights and Driver Fault at Unmarked Crosswalks

This claimant was injured in a pedestrian-vehicle collision at an unmarked crosswalk at the intersection of Harwood Street and Thurlow Street in Vancouver. The injury claimant sustained significant injuries, profoundly impacting her quality of life. Liability and damages are both in issue, with ICBC proposing a 65-35 fault apportionment favoring the claimant, while the claimant…

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Liability and the Last Clear Chance Doctrine

This Court of Appeal personal injury case, Ferrill v. Cockburn, involved an accident at an uncontrolled intersection. The appellant was driving a vehicle and attempted a left turn when he collided with the respondent, who was riding a motorcycle at an excessive speed. The jury at trial apportioned liability equally between both parties. The appellants…

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future earnings

The Rab Test for Loss of Earning Capacity Claims

In this personal injury appeal, the Court of Appeal addressed the quantum of damages for past and future loss of income arising from a motor vehicle accident (Tigas v. Close, 2024 BCCA 223). The injury claimant alleged a loss of over $3 million at trial and was only awarded under $500,000. The appellants contested the…

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