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.
December 3, 2012- Deadlines and limitations periods have always been a concern for injury claimant’s contacting my law firm. As a personal injury lawyer in British Columbia since 1995 I have dealt with hundreds of injury claims against the Insurance Corporation of British Columbia (ICBC) all of which involve multiple important deadlines and limitation periods. Cases are…
In this heart surgery medical malpractice case(Dosanjh v. Leblanc and St. Paul’s Hospital,2011 BCSC 1660) the claimant alleges suffering a stroke resulted in permanent physical and cognitive disabilities after open heart surgery to repair a hole in his heart. The claimant sued the doctor, nurse, technician, and hospital alleging an air embolism was allowed to enter…
The injury claimant sued for his losses after he was run down in a crosswalk and later injured again when his vehicle was rear-ended by a vehicle driven by one of the defendants to the lawsuit. The claimant applied for an order that the personal injury case be removed from Fast Track Litigation (Sandhu v. Roy, 2011 BCSC 1653), Rule 15-1 of the…
This personal injury summary trial,(Parmar v. Lahay, 2011 BCSC 1628) pursuant to Rule 9‑7 of the Supreme Court Civil Rules, involved a motor vehicle accident that occurred one year before the hearing. There was no claim for loss of wages or any future loss of capacity and the only question was how much compensation should be awarded for pain and suffering.…
ICBC will often, through their lawyer in the personal injury litigation, cross-exam the injury claimant on any reports to the ICBC Dial-a-Claim service about a car accident. The Dial-a-Claim Representative interprets the information being conveyed over the phone and creates an internal document which is attached to the injury claimant’s file. I have found, in my…
The Insurance Corporation of British Columbia, ICBC, refused to accept the decision of a BC Supreme Court Judge and had to be told the obvious by the Court of Appeal of BC-Massage therapy after a car accident injury is a mandatory ICBC benefit (Raguin v. Insurance Corporation of British Columbia, 2011 BCCA 482). The infant claimants were in…
Personal injury lawyers in British Columbia are always being asked to help get the Insurance Corporation of British Columbia, ICBC, to pay for medical expenses that are not covered by the Medical Services Plan. In this private medical cost car accident injury claim(Engqvist v. Doyle, 2011 BCSC 1585) Judge Rogers in Kelowna found that the injury…
In this slip and fall serious personal injury claim (Jack v. Tekavec,2011 BCCA 464) the injury claimant fell three stories after leaning against a rotted, poorly repaired balcony railing. The owner and manager of the apartment complex was found fully at fault in negligence as an occupier. The at fault owner and manager appealed the judgment awarding $322,000.00 in…
This was a personal injury case appeal from Master Taylor(Scott v. Ridgway, 2011 BCSC 1552), who ordered the claimant to attend for a second medical examination regarding her functional capacity. I have reviewed several prior personal injury cases where ICBC has been denied second medical examinations. Anyone being asked to attend more than one medical examination for for…
In this ICBC hit and run personal injury case (Paguio v. Fraser, 2011 BCSC 1519) the claimant was riding his motor scooter on Knight Street in Richmond heading to his workplace in south Vancouver. The injury claimant had just purchased the scooter the morning of the accident and had not ridden a motorcycle in any meaningful way…