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.
Dogs are popular pets who can bring a lot of joy and enjoyment. While many dogs appear to be friendly and playful, each dog has its own temperament and personality. It often takes a split second for a friendly interaction to go terribly wrong resulting in a dog bite or a dog attack leading to…
PART 7 BENEFITS – INCREASED FUNDING As of April 1, 2019, significant changes have been made to the funding provided by ICBC for therapy under Part 7 benefits. These changes apply to all new and existing motor vehicle accident claims. PRESCRIBED TREATMENT PROVIDERS AND RATES ICBC under the Part 7 Benefits will provide funding for…
If you, a friend or a family member have been injured due to an error made by a medical professional or medical institution, you may be entitled to compensation for your injuries and losses. Medical malpractice claims are difficult and often complex due to the legal and evidentiary standards of proof required. To be successful…
Marijuana is now legal in Canada and its benefits in pain management are now being recognized. Medical doctors are prescribing it to their patients to treat chronic pain and in an attempt to avoid prescribing opioids. It is well publicized that opioid addiction and misuse is a serious public health problem in Canada. As it…
The NDP government introduced legislation that caps (limits) compensation payable by ICBC for pain and suffering for “minor injuries” suffered in motor vehicle accidents occurring on and after April 1, 2019. An injury will be defined as a “minor injury” if: It is included in the list of prescribed injuries; and It does not result…
Personal injury laws and regulations for self-driving cars are being tested in the first driverless car death in North America. The Vehicle Automation Report was released on November 5, 2019 by the National Transportation Safety Board in Washington , D.C. The conclusion is clear, the self-driving car was not smart enough to detect the pedestrian…
In the usual course, a driver who rear-ends another vehicle will be found at fault for the accident. It is only in exceptional circumstances that the driver who was rear ended will be liable such as when he/she made a sudden, unexpected and unexplained stop. In Bains v. Chatakanonda 2018 BCSC 2412, the claimant was…
Property Owner’s Duty of Care The Occupiers Liability Act establishes responsibility upon property owners and occupiers to ensure their premises are safe and free of hazards. It creates a duty of care which is summarized as follows: The duty of care is to take reasonable care in the circumstances to make the premises safe The…
The ICBC injury claimant was injured in a 2013 motor vehicle accident. The collision occurred in Burnaby at Nelson Avenue and Hazel Street when he was traveling straight and was hit by the defendant who was turning left from the opposite direction. At trial Christensen v. Jand 2018 BCSC 1294 , the experts agreed that…
The limits on experts and expert reports introduced February 11, 2019 have been set aside by the Supreme Court. Orders under Rule 11-8 are also of no force or effect. The Supreme Court struck down these arbitrary limits on expert evidence (Crowder v. British Columbia (Attorney General), 2019 BCSC 1824). Attorney General David Eby was…