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.
How much ICBC pays for injury claims will plummet after May, 2021. Most will not have lawyers. ICBC settlements in 2021 will be unlike any other year in our history. Car accident injury claimants after May 1, 2021 will no longer be given compensation for loss of enjoyment of life. Let’s explain ICBC settlements for…
As discussed in previous blog articles, the paramount issue in all medical malpractice cases is causation. The injured claimant must prove not only that the doctor failed to meet the standard of care expected of him/her, but also that this negligence caused the injury. The standard of proof is the “balance of probabilities” in which…
To determine if you are entitled to compensation from ICBC for injuries suffered in a motor vehicle, the first step is to identify who was liable or at fault for the collision. This is known as liability. Determining who was at fault for the accident is important because a claim for compensation is based in…
Lawsuits brought for an improper purpose to silence expression and financially punish critics are known strategic lawsuits against public participation (also referred to as SLAPP). The Protection of Public Participation Act (“PPPA”) came into force in British Columbia recently. The PPPA is BC’s anti-SLAPP legislation. Its purpose is to enhance public participation on important public issues.…
In a recent blog post, we discussed the impact an injured claimant’s lack of credibility had in the dismissal of his ICBC hit and run claim at trial. Jacqueline Small, a partner with Holness and Small Law Group, was interviewed by Canadian Magazine on this ICBC credibility case. Credibility is always a paramount consideration in all…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed again by Canadian Lawyer Magazine about an ICBC hit and run case which was dismissed at trial. Ms. Small wrote a blog article on this ICBC hit and run case where the injured claimant’s credibility was a key factor in…
As discussed in a prior blog post, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. Furthermore, all medical experts are to disclose all facts, assumptions and research as part of their expert file which formed the basis of their opinion. In Barn v. Bird…
If a doctor fails to provide necessary medical treatment this is known as a failure to act or a negligent omission. An example is failure to diagnose a medical condition. Another example is failure to provide medical treatment. As discussed in previous blog articles, medical malpractice causation is an important issue in all claims. Causation…
The Attorney General David Eby’s scheme to have ICBC injury claims decided by an appointed tribunal is unconstitutional, says Judge Hinkson. Specifically, the Civil Resolution Tribunal (CRT) does not have the power to (1) label ICBC claimants as having “minor injury”, nor do they have the power to (2) decide on liability and damages for…
ICBC injury claimants need to be prepared during the Pandemic to have their trial canceled or rebooked due to Covid-19 related issues. If this happens, a money advance can be requested from the judge. As a personal injury lawyer I have had an ICBC injury trial adjourn because the ICBC lawyer fell ill during Covid-19.…
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