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.

75% Reduction for Failure to Mitigate Injury Set Aside

Sometimes it is obvious in a car accident case when a jury does not like a litigant. Although after 22 days of trial, the jury found the City of Surrey negligent for failing to adequately maintain the snowy roadway, they found the claimant 75% contributorily negligent. The jury also reduced her award by a further 75% on a…

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$1.15 Million Award for Thoracic Outlet Syndrome

In this car accident injury case, a 28-year-old dental assistant, injured her neck, left shoulder, and mid‑back developing myofascial pain syndrome and thoracic outlet syndrome, TOS. Of particular interest was the award of $135,000 for pain and suffering and the $60,000 in-trust award for the increase in household chores for the spouse husband.(MacLeod v. Whittemore, 2018 BCSC…

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$185,000 in Pain and Suffering for Permanent Soft Tissue Injury

In this left turn car accident injury case the 23 year old claimant was awarded over $1.8 million in damages, including $185,000 for pain, suffering, loss of enjoyment of life and $1.28 million for future loss of earnings. The Supreme Court judge required only three weeks to deliver her written decision, creating new expectations that justice should…

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ICBC Injury Settlements Changing Landscape

Car accident victims were delivered a catastrophic blow affecting injury settlements for 2018 and the future. Laws passed by a newly formed coalition government empower ICBC to deny, and not settle, injury claims. This has unleashed a flurry of low ICBC settlement offers and dire warnings for the future of  innocent victim compensation in British Columbia. Many…

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Lawyer Punished for Seeking Costs Against another Lawyer

In this slip and fall lawsuit there was mixed success on the defendant’s application for production of records of the treating psychiatrist. However, it was the award of costs against the claimant’s lawyer which is of note: [19] I am deeply troubled by the positions plaintiff’s counsel took on this application, including seeking an order for…

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Beating an Offer to Settle: 5 Principles for Double Costs

In awarding this personal injury claimant double costs for beating the pre-trial offer of settlement, the Supreme Court has articulated 5 key principles to consider if you beat an offer to settle. The defendant insurer State Farm cancelled a mediation because their view was that mediation to settle the car accident claim had little chance of…

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Injury Claimant Without Lawyer Slaughtered at Trial- Costs Awarded

This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial  the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…

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ICBC Bogus Claims of Fraud Thrown Out…Again

ICBC has tried to create the impression in recent years of an increase in fraud, this is confusing and untrue. In yet another case in point, the Court of Appeal has told ICBC they failed to prove this claimant lied or made a false statement.(Insurance Corporation of British Columbia v. Mehat, 2018 BCCA 242). The Insurance Corporation of British Columbia sued…

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Slip and Fall on a Public Sidewalk – Who Owes the Duty of Care?

In this personal injury case the injury claimant slipped and fell on a public sidewalk owned by the municipality of Summerland in British Columbia. The sidewalk separates Angus Street in Summerland from a senior’s housing facility where the claimant lived.(Scheck v. Parkdale Place Housing Society,2018 BCSC 938) The issue was whether the  senior’s housing facility, Parkdale,…

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