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.
This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at $75,000 pain and suffering Award for…
Are you looking to continue a legal assistant career in an established Vancouver law office, across from the Vancouver law courts? Legal support staff competent to assist the injured in legal claims for compensation are not only worth their weight in gold, they have high job satisfaction. With medical understanding and legal training personal injury lawyers represent members…
In this personal injury case the claimant, a registered clinical counsellor, was injured when her car was rear-ended while stopped at a stop light at the intersection of Highway 99 and Nesters Road in Whistler, B.C. Fault was admitted and the claimant established injuries to her neck, upper and lower back, right wrist, right leg, and headaches. Her…
This personal injury claimant proceeded to trial without a lawyer and his claim was dismissed. ICBC had offered $1.00 to the claimant to settle the case before trial and after the claim was dismissed ICBC sought double costs for the claimant’s failure to accept the offer. This ICBC personal injury case involved a collision on Westside Road…
For all you ICBC injury claimants, revealing and uncovering the truth about auto giant ICBC can be impossible when the “freedom of information” laws provide ICBC with legal shelter. ICBC is a modern example of a state-run auto insurance enterprise, part of the concept of a planned economy. Despite difficulty finding this information on the ICBC website…
The claimant boarded a city bus in Vancouver that accelerated suddenly causing her to lose her balance and fall. She sued, without a personal injury lawyer, and the trial judge dismissed her claim. The bus company cross examined the claimant using surveillance video in a subsequent bus incident to impeach her credibility claiming it was a…
ICBC will often require medical records before paying benefits or agreeing to settlement. However, when going to court records may not be admissible without the author being called to testify. Also, expert opinion must be delivered under the strict rules of the court. This post will discuss the admission of medical records in personal…
After 22 years as a personal injury lawyer I cannot strees enough how important it is that ICBC claimants avoid making misrepresentations or ommisions when reporting a car accident to the insurance company. This is almost never on purpose but as a result of a hasty reporting with little or no legal advice. However, ignorance…
This Prince George property owner was awarded $7,500.00 for exemplary or punitive damages for trespass as part of a compensation package which included a permenant injunction and $10,500 in damages.(Stewart v. Phillips, 2018 BCSC 828) The purpose for a punitive damage award includes deterrence, punishment, and recognition of unnecessary humiliation. The basis for a punitive damage award is an…
A 400 year old principle of law that a “promise to pay” is not enforceable has now been changed by the BC Court of Appeal. For ICBC claimants with outstanding accident benefits there is currently a limitation of two years from the last benefit paid. This case may bring a new consideration to the ICBC adjuster’s unfulfilled…