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.
In our previous blog post about ICBC Wrongful Death Claims and Medical Malpractice Wrongful Death Claims, we focused on the Family Compensation Act that governs these types of claims. In this article, we focus on Wrongful Death claims that have proceeded to trial. In Roberts v Morgan, 2019 BCSC 2313, the surviving spouse and son of…
As discussed in previous blog posts, there are certain requirements that must be met for ICBC hit and run claims. If these steps are not taken, then ICBC can rely on a statutory defence to dismiss the claim entirely. Section 24 of the Insurance Vehicle Act sets out the legal basis for an ICBC hit…
When a death is caused by a motor vehicle accident or medical malpractice, there is a potential claim for Wrongful Death. This is part 1 of a 3 part series about Wrongful Death claims in BC. This 1st blog post will focus on the legislation (statute) governing Wrongful Death claims. The 2nd will focus on…
In a recent ICBC case that proceeded to trial, our client was awarded $225,000 for past and future ICBC loss of housekeeping capacity which was one of the highest awards ever made in this province. Other cases where substantial awards for loss of housekeeping capacity are as follows: $570,000 Xu v Balaski, 2020 BCSC 940: …
As discussed in a prior blog post, informed consent is often a significant issue with a number of medical malpractice claims involving not only doctors, but also non-medical doctors such as chiropractors, physiotherapists, massage therapist and acupuncturists. Because most medical procedures involve some level of risk, all medical practitioners have an obligation to fully inform their…
Post traumatic stress disorder, also known as PTSD, is a mental health condition that is triggered by a terrifying event — either experiencing it or witnessing it. Symptoms may include flashbacks, nightmares and severe anxiety, as well as uncontrollable thoughts about the event. When some people suffer from PTSD, it can be extremely disabling to…
At issue in every ICBC claim is the nature and the extent of the injured claimant’s injuries caused by the motor vehicle accident and the effect they have had and will have on his/her function. The injured claimant has the burden of proving not only the injuries, but also whether the motor vehicle accident was…
There is a wide array of medical services provided by doctors including specialized or elective procedures. With any healthcare procedure, there is a degree of risk. Most cases involving medical malpractice are framed in negligence and battery. Doctors can also be held liable for breach of contract in some exceptional circumstances. In a doctor-patient relationship,…
A high percentage of people purchase insurance without understanding the important details of the insurance policy. This can turn into a nightmare when a claim is denied due to an exclusion in the policy that was unknown or misunderstood at the time the insurance was purchased. ICBC is no different. Most people have no understanding…
In Jones v. Rossner 2020 BCSC 2056, the 42 year-old female injured claimant suffered injuries in a motor vehicle accident when the vehicle she was driving was rear-ended without any prior warning. Before the collision, she was in good health both physically and emotionally. She regularly attended the gym and worked with a personal trainer. …
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