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 medical malpractice cases there is no uniform standard of care governing all doctors. Standard of Care A medical doctor’s error in clinical judgment does not necessarily lead to medical malpractice. Similarly, a poor outcome from medical treatment does not always mean a doctor is legally responsible. The proper standard is related to the doctor’s…
ICBC pays loss of income to a max of $300 per week for car accident injuries. After April 1, 2019 ICBC disability increases to $740.00 Max. ICBC deducts any wage loss benefits received from EI or a private disability plan. ICBC Disabilty Deducted The April 1, 2019 increase in ICBC disability benefits comes with a…
Autonomous vehicles will bring the biggest economic shift in a generation. However, the NDP included nothing in the 2019 BC budget despite a $374 million surplus. No attempt has been made to develop manufacturing opportunities or create more options for BC drivers. The current government has not considered the effect autonomous vehicles will have on…
The claimant slipped and fell on a sidewalk in Summerland, B.C. She slipped on a patch of ice and fell while using her four-wheeled walker. The fall injured the claimant. The court found Summerland breached its own policy by failing to inspect its sidewalks for snow and ice (Scheck v. District of Summerland et al,2019 BCSC 48…
This medical malpractice lawsuit arose from a prescribing error by a general practitioner. The doctor admitted the prescription error but denied that it caused any lasting injuries. The defendant, Dr.C. E. Fourie, admitted the claimant was entitled to damages resulting from the perforated ulcer, surgery, and hospitalization. However, no lasting injuries resulting from the defendant’s…
To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…
Statements made to ICBC and the police without a lawyer generally ends poorly. This claimant was found to be not covered by ICBC for injuries because of her ICBC statement and testimony. Indemnity under a policy of insurance with ICBC was sought by the claimant. ICBC denied coverage saying the claimant permitted an impaired person…
On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…
Our cars are taking over the important functions of driving. Therefore, automakers and the others that control vehicle behaviour are learning to love thy neighbour. Since 2016 NHTSA has recommended highly automated vehicle systems, the HAV system, be deemed “the driver” for purposes of traffic laws. As responsibility shifts to manufacturers, self-driving vehicles will be…
The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering), compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…