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.

Settling with ICBC and the Cost of Expert Reports

ICBC suffered a knock out blow in this car accident case. ICBC had made formal offers to settle in the amounts of $25,000.00 and $35,000.00 for personal injuries and subsequently settled for $45,000.00 plus costs and disbursements (case expensese) agreed or assessed. The claimants case expenses totalled $32,000 at the time of settlement. Three months after…

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Compensation for Loss of Business Denied Despite Injuries

In this case study, the small business owners suffered neck injuries and soft tissue injury in a car accident that occurred at the intersection of 57th Avenue and Angus Drive in Vancouver. The claimants’ vehicle was knocked to the curb being hit on the left front corner. The vehicle’s two front seat airbags deployed and ICBC deemed the vehicle…

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Treating Psychiatrist Opinion Needed to Avoid Adverse Inference

The Judge agreed to instruct the jury, in this personal injury case, that they can draw an adverse inference from the claimant’s failure to have her treating psychiatrist provide an opinion.(Brar v. Ismail, 2018 BCSC 1487) The claimant’s depression was a central factor in this personal injury lawsuit.  She claimed the car accident significantly aggravated her…

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Immigration File Disclosure in a Personal Injury Case

The claimant was injured in a motor vehicle accident and alleged the car accident caused physical and psychological injury, including nervous shock. The claimant emigrated to Canada 10 years before the application and had come with a history of  experiencing beatings, tortures and slavery. The defendant sought a court order for his file from Immigration, Refugees…

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$115,000 Somatic Symptom Syndrome Pain and Suffering Award

This 46-year-old self employed bookkeeper and housekeeper sustained personal injuries in a rear end motor vehicle accident at the intersection of Lovers’ Lane and Cameron Taggart Road in Cobble Hill, British Columbia. After the claimant had stopped at the intersection, her car was struck from behind by a minivan. The defendants admitted liability. As a result of the…

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$1.2 Million Injury Award for Concussion, Tinnitus and Depression

This 47 year old plumber and business owner suffered injuries in a car accident on Highway 97 just south of Quesnel, B.C.  The other driver’s GMC pick-up truck crossed over the highway’s center line and collided with a trailer being towed by the claimant and traveling in the opposite direction.  The next morning he called ICBC and…

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Defining a New Money Offer as ICBC Awarded Legal Costs

This ICBC offer to settle case review focuses on the definition of the term “new money” when contained in a written settlement offer. ICBC offered to settle this personal injury claim for $105,000 new money plus costs but the claimant rejected the offer making a counter-offer of $450,000.00. The judge ultimately awarded $87,250, comprised of $80,000 for…

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Returning to School and Work after a Car Accident Injury

Car accident injuries can occur when starting a new phase of school or work. Getting back after a vacation or time off can make it difficult to heal as recommended by a doctor or treating healthcare provider. How to return to school with an ICBC injury claim and three important principles to understand when injured in a…

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Loss of Earning Capacity Awarded Despite Part Time Work History

In this personal injury case the claimant was injured when a car made a left-hand turn into his path while driving northbound on Nelson Avenue in Burnaby. The claimant suffered tinnitus predominantly in his right ear, dizziness, balance issues, jaw pain, and soft tissue injuries to his chest, neck, shoulders, back, and right shin. The soft tissues…

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Treating Doctors to Expect Only $20 fee for Testimony Says Court of Appeal

  In a stunning blow to victims of personal injury the court has upheld a decision to pay only $20.00 to compensate a winning claimant for the non-expert testimony of a family physician. Unfortunately this will mean treating healthcare providers will now be subpoenaed to testify without payment for their preparation and attendance. (Luis v.…

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