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.

Cyclist Wins New Trial: Witness Statement and Evidence Overlooked

This was a personal injury trial involving claims of  brain injury, whiplash and spinal fracture. The bicycle accident occurred on Broadway Street  in Vancouver, approaching the intersection of Broadway and Guelph Street. The cyclist was proceeded forward when a vehicle turned left hitting his bicycle.( Davis v. Jeyaratnam, 2022 BCCA 273)  The Witness Statement The…

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Inequality Between ICBC and Injury Victim Recognized in Costs

Facts of this Personal Injury Case This personal injury trial involved four car accidents. The trial lasted 17 days. The state run auto monopoly ICBC admitted liability in three of the four accidents, disputing liability in one. The Supreme Court awarded $66,000 for pain and suffering, $40,685.92 for vehicle damage and treatment expenses, and $92,607…

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ICBC Settlements 2022 for Personal Injury

Bad News for those Injured in Car Accidents Settlements with ICBC to compensate for pain and suffering are ending. The BC NDP has created laws to prevent innocent victims of car accidents obtaining compensation for these losses. The current government have extinguished individual rights in favour of increasing the powers of the auto monopoly ICBC.…

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David Eby Misled the Public about ICBC No-Fault Insurance

 Insurance Corporation of British Columbia and David Eby, the Minister Responsible for ICBC Before Attorney General David Eby brought in ICBC no-fault auto insurance he told the public this would not happen. Mr. Eby said no-fault auto insurance would not be considered. Injury victims relied on Mr. Eby to be truthful and continued to pursue…

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ICBC Power to Deny Injury Costs Overturned

Injury Claimants Now  Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…

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Auto Injury Victims Sue for Discrimination in ICBC No Fault Benefits Scheme

How Much money will ICBC injury claimants get for injuries? The new ICBC laws eliminate the ability of car accident victims to bring claims to compensate for injuries. For accident after May 1, 2021 money is no longer awarded for pain and suffering as a result of negligent driving. ICBC injury benefits are now capped…

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Why You Should ALWAYS Do a Thorough Direct and Cross Examination of ICBC Medical Experts

In all ICBC personal injury claims, medical expert evidence is required in order to prove injuries and to justify the amounts claimed for different types of damage awards at trial.  For instance, if you are claiming that you are permanently injured without any chance of full recovery, then you must have a medical expert’s opinion…

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Patient Violently Assaults Psychiatrist Who Loses at Trial for Failing to Prove the Standard of Care

Seoran v. (British Columbia) Interior Health 2022 BCSC 335 is a trial decision involving an assault between a patient and a psychiatrist. In 2014 at the Inpatient Psychiatry Unit of the Penticton Regional Hospital, a Psychiatrist was providing care for an involuntary patient who had been admitted to the hospital a little over a week…

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ICBC Tries to Delay Injury Trial and Loses

If ICBC is not ready for trial, it can apply to the court for an order adjourning (rescheduling) it to a later date.  The court will not automatically adjourn a trial.  There is a heavy burden on ICBC to prove why an adjournment is necessary before the order is granted.  If the order is denied,…

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