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 Hit and Run Coverage not Considered Social Welfare-$200,000 Fund to be Divided Amongst All Claimants

In this motorcycle hit and run appeal (Thoreson v. Insurance Corporation of British Columbia,2011 BCCA 130) the claimant was injured in an accident that occurred near Vernon, British Columbia. The claimant was driving a rented Harley Davidson motorcycle and his girlfriend was riding on the back of the motorcycle when he was forced off the road…

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Injury Claimant’s Credibility Put into Question after Court Finds that he was, “leading a secret life”

In this coming out of the closet injury claim (Kitney v. ICBC) the court accepted that the claimant was involved in a serious accident and suffered a retinal tear and strains of the neck and mid- and low-back. However, despite the claimant testifying that he was unable to work he was videotaped working outside the…

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Lawyer Was Right to Withdraw from the Case But Court Reduces His Legal Fees

In this dispute over legal fees (Pihl Law Corp. v. McCall, 2011 BCSC 328) the client hired a lawyer to help resolve a $100,000.00 tax bill with CRA. The client said that the lawyer was introduced to him as a tax expert which he said turned out to not be the case. The client claimed that he…

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Top Personal Injury Lawyers in British Columbia will now Want to Include More Legal Analysis in Court Applications

Typically, as in this Victoria personal injury case(Zecher v. Josh, 2011 BCSC 311), ICBC and other insurance companies will demand that injury claimants disclose medical records, employment records, and school records dating  back before the car accident.  The best personal injury lawyers in Victoria, Vancouver and all other parts of British Columbia need to be aware that …

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Will Bicycle Injuries be Reduced with Vancouver Bike Lanes?

As Vancouver personal injury lawyer since 1995 I have represented many cyclists and pedestrians that claim their lives were put at risk by poor road design or improper signage. Most car accidents involving cyclists in my experience, however, occur because of lack of due care and attention by the motor vehicle, pedestrian or cyclist . In an…

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Road Maintenance Company Liable for Car Accident as They Failed to Sand the Road

In this road maintenance appeal (Billabong Road & Bridge Maintenance Inc. v. Brook, 2011 BCSC 297) the Provincial Court of BC had ordered the road maintenance company to pay the claimant for damages arising out of a motor vehicle accident that occurred on Highway 16E between Telkwa and Smithers. The Provincial Court concluded that the road maintenance…

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Despite ICBC Refusal to Pay Accident Injury Benefits the Court of Appeal Forces Payment

This ICBC accident injury case(Hagen v. Insurance Corporation of British Columbia,2011 BCCA 124) poses the question of whether a driver of a motorcycle with a Class 6L learner’s licence is in breach of the Motor Vehicle Act Regulations where, having made arrangements to be followed by a supervisor, the learner was not within sight of…

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Personal Injury Award for Knee Injury Upheld by the Court of Appeal

In this knee injury appeal(Bradshaw v. Matwick,2011 BCCA 111) the claimant was injured when his vehicle was rear-ended and the other driver admitted fault for the accident. The at fault driver accepted that the claimant suffered soft tissue injuries to his neck and back in the accident but  argued  that an injury to the claimant’s knee was unconnected to the…

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$12.4 Million Car Accident Jury Award for Soft Tissue Injury Too High for Claimants Actual Losses

This jury award was first reduced by the trial judge and in this decision by the Court of Appeal in Vancouver the award was totally wiped out, requiring the injury claimant to start her lawsuit all over again. The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she…

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ICBC Ordered to Advance over $30,000.00 to Injury Claimant for Trial Adjournment

In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…

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