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 Supreme Court of Canada in Saadati v. Moorhead 2017 SCC 28 has set a precedent which helps injured claimants access justice more easily against ICBC and other insurance companies for mental injuries such as depression, anxiety, post-traumatic stress disorder and somatic symptom disorder. In this case, the injured claimant was injured in a motor…
The Protection of Public Participation Act (“PPPA”) came into force in early 2019 in British Columbia which serves to enhance public participation in speaking out on important public issues. The Act protects the public from being sued in defamation for expressing their views on matters of public interest. These defamation lawsuits are known as strategic…
One type of claim available to a claimant injured in a motor vehicle accident is for past wage loss. Past wage loss refers to lost wages/earnings from the date of the motor vehicle accident until settlement or trial. To have a successful claim for past wage loss, an injured claimant must provide sufficient evidence. First,…
In this personal injury case (Watts v. Lindsay 2019 BCSC 2239), the 30 year-old female injured claimant suffered from soft tissue injuries, headaches, depression, flashbacks and anxiety due to a motor vehicle accident. The motor vehicle accident was particularly traumatic as the injured claimant was trapped in her vehicle after impact causing her difficulty in…
Lawsuits brought for an improper purpose to silence expression and financially punish critics are known strategic lawsuits against public participation (also referred to as SLAPP). The Protection of Public Participation Act (“PPPA”) came into force in British Columbia earlier this year. The PPPA is our province’s anti-SLAPP legislation. Its purpose is to enhance public participation…
If you are injured in a motor vehicle accident, you must provide proof of the injuries you allege to have suffered through medical legal reports prepared by expert medical doctors. Both the injured claimant and ICBC have the opportunity to choose their own experts. Medical experts can either be treating doctors or independent doctors. Treating…
In a previous blog post, the new ICBC minor injury caps were discussed and explained. The ICBC minor injury caps, which apply to all injuries suffered in motor vehicle accidents after April 1, 2019, limit the amount of compensation for pain and suffering to a maximum of $5,500.00 for “minor “ injuries. The label “minor”…
As discussed in previous blog posts, medical malpractice claims are difficult to prove due to the complexity and the legal and evidentiary standards of proof required. To be successful in a medical malpractice claim, you must: prove that there was an error in judgment or practice on behalf of the medical practitioner or medical institution…
David Eby and his NDP government have been very vocal about ICBC’s financial problems. Instead of making changes to ICBC’s management who are responsible for its policies and procedures that are clearly not working, the changes made are directed at injured claimants by eroding their rights. Shouldn’t the ICBC executive who are responsible for how…
In Henderson v. McGregor 2019 BCSC 1964, the claimant sought damages for injuries resulting from an unprovoked assault and battery following a road rage incident. The road rage incident occurred on June 2, 2017 on Highway 99 near the entrance to the George Massey Tunnel. Before the incident, the plaintiff was driving from Delta to…
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