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.
Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice. If it is proven that an injured claimant failed to mitigate their injuries…
Most medical procedures involve some level of risk. Because of this, doctors have an obligation to fully inform their patients about the procedure and the associated potential side-effects and complications so that they can make an informed decision about whether or not to proceed. This is known as informed consent. A doctor’s obligation to obtain…
In a previous blog post on Occupier’s Liability, we reviewed the liability of a cafe for inadequate ladder and supervision in Woo v. Creme De La Crumb Bakeshop & Catering Ltd. 2019 BCSC 1752. In that case, a 66 year-old injured claimant suffered a severe brain injury when he fell from a ladder while doing…
In Patterson v. Solymosi 2019 BCSC 1508, the injured claimant suffered soft tissue injuries to her neck and back, as well as a labral tear to her right hip, in a motor vehicle accident. As a result of her injuries, she was limited in her ability to function as a special education teacher which involved…
In response to the health concerns from Covid 19, the BC Supreme Court cancelled all jury trials up to and including September 7, 2020. What this means is that if a jury trial is scheduled to take place during this time period, then the trial will be adjourned and rescheduled to a new date. …
If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC. This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you. ICBC adjusters have a significant…
If you have been injured as a result of medical malpractice, the Limitation Act sets out maximum time periods in which a legal action (lawsuit) must be brought against medical practitioners. If a lawsuit is not filed by the deadline, known as the limitation date, then the claim expires and it is voided. It is,…
What is the BC Building Code? The British Columbia Building Code governs how new construction, building alterations, repairs and demolitions are completed throughout our province. It establishes minimum requirements for safety, health, accessibility, fire and structural protection of buildings and energy and water efficiency. It applies throughout the province except for some federal lands…
If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC. The law in British Columbia requires you to take certain steps to identify the driver who fled the scene. If these steps are not taken, then…
The civil unrest in the US continues in the wake of public anger and backlash over the murder of George Floyd due to unreasonable police force in kneeling on his neck for several minutes. From a legal standpoint, it is anticipated that the police will rely on a defence known as “qualified immunity” which protects…
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