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.
As a personal injury lawyer in Vancouver since 1995 I have made many without prejudice offers to settle car accident injury claims as well as other personal injury claims. Off the record settlement offers usually have a blanket protection which applies whether or not settlement negotiations succeed. Therefore, these offers cannot usually be used as…
The Insurance Corporation of British Columbia in most car accident personal injury claims will try to get the claimant’s Medical Services Plan(MSP) printout. The BC Supreme Court has confirmed again that ICBC is not entitled to the MSP printout in a personal injury case without good reason (Kaladjian v. Jose, 2012 BCSC 357) . This case concerns court applications for production…
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,…
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…
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…
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…
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…
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…
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…
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…