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 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…

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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…

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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…

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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…

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Car Accident Injury Claimant’s Psoriasis and Psoriatic Arthritis Aggravated by the trauma and stress

The injury claimant was a 32-year-old plumbing apprentice when he was seriously injured  in a head-on collision(Cassells v. Ladolcetta,2012 BCCA 27). The claimant was driving his car in the westbound centre lane of Canada Way, one of Burnaby’s major east-west connectors.  As he approached Canada Way’s uncontrolled intersection with Sprott Avenue, the other driver, intending to turn…

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Personal Injury Lawyer Entitled to Interest on Loans and Expenses From Former Client

In this personal injury lawyer bill review case (2011 BCSC 1799) the lawyer filed an appointment for the review of the bills that he had rendered to his former client.  The client was a back seat passenger in a vehicle that was hit from the rear by another vehicle and hired the lawyer to pursue a claim for…

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Car Accident injury Claimant Escapes Dismissal and ICBC gets to Change Admissions

The injury claimant, a pedestrian, was crossing Nelson Avenue in Burnaby, B.C. when her husband was hit by a car(Arsenovski v. Bodin, 2012 BCSC 35).  The claimants husband subsequently reached a settlement with the Insurance Corporation of British Columbia (“ICBC”) for compensation resulting from his injuries. The claimant, although not struck by the motor vehicle, claimed relief for the injuries suffered…

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Personal Injury Claimant Wins Appeal as Other Driver Passing on the Right Illegally

The claimant was injured in a car accident and her claim at trial was dismissed.  For reasons given orally, the judge found the claimant was totally at fault.  the claimant appealed, contending the judge was wrong and the Court of Appeal agreed. The injury claimant won her personal injury appeal (Smeltzer v. Merrison,2012 BCCA 13).  Essentially…

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ICBC Injury Settlements and the Top Ten Mistakes Made By Car Accident Claimants

I have been a personal injury lawyer in British Columbia since 1995 and am always asked to give legal advice about ICBC offers of settlement.  All too often injury claimants call me at best at the final hour or when it is too late to save a critical element of the car accident case. I certainly…

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Top Spinal Cord Personal Injury Lawyers Need to be Aware of Representation Agreements

When a person  suffers a serious spinal cord injury due to a car accident it may become impossible for the claimant to physically sign over authority to trusted family members. The victim of personal injury may still be legally competent but simply cannot physically take care of their day to day living needs or take…

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