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 a prior blog post, we discussed the current state of ICBC settlements in 2020. Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants. When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial. This…
Sports are a large part of our society. Millions of Canadians have participated in and have been spectators in amateur sports and professional sports. Sport injuries to both participants and spectators are unfortunately common due to the inherent risks of the game. Participants are deemed to accept the inherent risks of a sport injury if…
ICBC has been punished again for failing to accept a reasonable settlement offer. This offer coming from an innocent car accident victim that lost $85,000 just in past wages. The claimant offered to settle a car accident injury claim for $150,000, which ICBC rejected. The court said the injury claim was worth over $200,000, after…
ICBC full no-fault insurance, soon to be law, gives absolute powers to the auto insurance monopoly ICBC. The government, starting May, 2021, will allow ICBC to value human suffering at zero ($0.00), giving no compensation to the injured. The BC NDP will be taking money that should be used to compensate innocent victims and giving…
Often, the most common types of personal injury claims involving ICBC accidents, slip and fall accidents and private property accidents will include damages for: pain and suffering lost income future care costs special damages (reimbursement of out of pocket expenses). Another type of claim that is available to injured claimants is for loss of…
A social host is a person who holds a private party where alcohol is served and consumed by guests. A social host is different from a commercial host which is a business establishment such as a restaurant or a bar that serves alcohol for profit. Accordingly, the legal responsibility differs between a social host and…
ICBC Injury Claims As a personal injury lawyer for over 25 years I am now asked, “can I still get compensation after a car accident?” Yes, ICBC compensation is still available, but will soon be eliminated by the NDP. How much to claim and when ICBC will pay is changing. Contact a lawyer immediately and…
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…
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