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.
The NDP have rolled out new ICBC policies including new Enhanced Care coverage. This “care based model” is advertised by the NDP as providing British Columbians with increased care such as payment for treatment ongoing indefinitely into the future despite settlement or judgement at trial. The NDP and David Eby are asking us to trust…
If you are injured because of a slip and fall on ice on private property, you may have an injury claim against the occupier of the property for breaching the duty of care for failing to keep the area reasonably safe from hazards (ice). Who the occupier is will depend on the circumstances. An occupier…
There are several legal implications arising from the sudden spread of COVID-19 (coronavirus) into a global pandemic. For businesses, contracts, investment and funding arrangements will be tested and maybe breached. Emergency and “act of God” clauses are being reviewed for venture projects. Supplies chain agreements and funding provisions are now under legal scrutiny. Coronavirus is…
If you are injured in a motor vehicle accident that was not your fault, ICBC cannot outright deny your claim for not wearing your seatbelt, but ICBC can argue that you were contributorily negligent by relying on a seatbelt defence. Contributory negligence is a legal defence that ICBC uses to reduce an injured claimant’s compensation.…
Occupier’s liability in British Columbia imposes a duty on occupiers to take reasonable care that users of their premises are reasonably safe. This duty of care can be limited and excluded by an occupier in certain circumstances such as through releases and waivers of liability which are often required as a condition of participating in…
As I have written in previous articles, cycling as a primary mode of transportation is increasing in popularity in urban settings especially in Vancouver. While there are a number of dedicated bike lanes, the number of streets without dedicated bike lanes far outweigh the number of streets with them. Section 183 of the Motor Vehicle…
If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…
There are a number of challenges in proving causation against a doctor. Medicine is often described as an art, not a science, because it is imprecise and unpredictable. Diagnostic procedures and tests can often be imperfect. Patients may present with confusing or inconsistent signs and symptoms. Treatments often carry risk of poor outcomes or side…
The recent announcement by the NDP of a complete overhaul of ICBC into no fault insurance is not fully understood by most British Columbians. In fact, the NDP has completely duped the public into believing that this is a good thing. Only ICBC and the NDP will benefit from no fault insurance. One of the…
Howe v. Hwang 2018 BCSC 90 involved a medical malpractice claim where the injured claimant alleged that not only the wrong surgery was performed on her by the defendant doctor, but that the wrong surgery was done incorrectly resulting in life threatening complications and additional surgeries to save her life. The parties agreed on quantum…