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.

Personal Injury Award Conflates Legal Causation with Assessment of Damages Says Court Of Appeal

This car accident injury case was sent back for a new trial because the Court of Appeal found that the  trial judge was wrong in reducing the injury claimants award for failure to following medical advice (Wahl v. Sidhu, 2012 BCCA 111). I reviewed the original decision in which the injury claimant was travelling  on 72nd Avenue, in Surrey,…

Read more

Free Legal Advice for your ICBC Personal Injury Claim In Social Media

When getting free legal advice for a car accident, bike collision or pedestrian injury in social media the best lawyers will make it clear if and when you have to start paying legal fees. I have been a personal injury lawyer in British Columbia since 1995 and I have written often about how personal injury lawyers…

Read more

ICBC’s misconduct and Bad Faith in Car Accident Claim Results in Punitive Damage Award

This is a Court award Punishing ICBC  $75,000.00 for Bad Faith (McDonald v. Insurance Corporation of British Columbia, 2012 BCSC 283) after the BC Supreme Court found the Insurance Corporation of British Columbia’s  conduct to be harsh, high-handed and oppressive and a marked departure from the Court’s sense of decency and fair play. The plaintiff was  headed  to Abbotsford along Highway 1…

Read more

Injury Claimant Not required to Attend Insurance Company Medical Examination

In many ICBC personal injury cases the Insurance Corporation of British Columbia will instruct their lawyers to send claimants for medical assessments. However, in this medical examination denied case (Turnbull v. Yarmohammadi, 2 BCSC 287) the court refused to order the claimant to attend a defence medical examination with a neurologist.  Master Baker pointed out, [18]  To…

Read more

How to Make a Hit and Run Personal Injury Claim with ICBC

The Insurance Corporation of British Columbia controls a fund for personal injury victims injured by at fault hit and run drivers. Without this unique coverage, a person injured by an unknown driver would have no way of getting compensation for the losses due to the negligence of the other driver. There are strict reporting requirements under…

Read more

Boy Loses Personal Injury Claim For Second Time in Bicycle Accident Case

In this infant personal injury claim a six year old boy riding his bicycle (McIlvenna v. Viebig, 2012 BCSC 218) was injured in a car crash with a motor vehicle.  The car accident occurred  near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall  intersects with Library Road in Delta, British Columbia.   The young…

Read more

ICBC Adjuster Required to Produce notes and Investigation Report in Car Accident Injury Case

This was an application for production of ICBC documents in a car accident injury case(Bako v. Gray,2012 BCSC 204). The injury claimant applied for production of various documents which had been listed by the defendant in Part 4 of his List of Documents subject to a claim of litigation privilege.     The injury claimant  alleged that the ICBC…

Read more

Car Accident Fibromyalgia Award of $125,000.00 for Pain and Suffering upheld on Appeal

This appeal concerned the amount  awarded as a result of two motor vehicle accidents that occurred in quick succession(Morlan v. Barrett, 2012 BCCA 66) . The first accident was a head-on collision. After that collision, the claimant got  out of her vehicle to speak with the other driver.  A few minutes later, she returned to her vehicle…

Read more

Severe Brain Injured Car Accident Claimant has $2.9 Million Award Reduced by $350,000 on Appeal

The injury claimant was seriously injured in a motor vehicle accident when a tractor-trailer struck and crushed her Volvo inside the Massey Tunnel near Delta, B.C.  She suffered extensive injuries including a severe brain injury(O’Connell v. Yung,2012 BCCA 57). The trial judge awarded more than $2.9 million in this personal injury case and ICBC, as the insurer…

Read more

Claimant Awarded Aggravated and Punitive Damages arising from Employers Misconduct

The claimant was employed as a store manager at the 28th & Main liquor store in Vancouver operated by the Liquor Distribution Branch (the “LDB”) and had worked for LDB for over 30 years. Another employee made a written complaint about the claimant and the LDB terminated the claimant’s employment without notice. The claimant won her lawsuit that…

Read more