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.

Two Rear-End Accidents Atop Disc Disease Assessed at $507,000

In this multiple car accident personal injury case the claimant was rear-ended twice and developed a chronic soft tissue pain condition. He sought an award of over $1 million and  ICBC, the defendant insurer, was only prepared to pay $143,000. The insurer argued unsuccessfully that the claimant should be forced to attend active rehabilitation and his claim…

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Legal fees of 33% Recognized by Canadian Courts as a Reasonable Fee

It can be difficult to know how much to pay for legal services if you have little or no experience hiring a lawyer after a personal injury. The years of legal training and experience help to determine the lawyer’s best hourly and percentage fee. Here are a few case examples to help understand what is reasonable…

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Train Owner Faulted for $2.4 Million Railway Crossing Injury

The injury claimant suffered a spinal cord injury and a traumatic brain injury  when a train owned by the Canadian National Railway, CNR,  struck her car as she crossed the railway tracks on Smith Crescent close to Glover Road in Langley, BC. The judge found CNR failed to maintain adequate sightlines at the Crossing by allowing an overgrowth of…

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ICBC Loses $1 Million Multiple Car Accident Injury Award Appeal

This appeal by ICBC from a $1 million personal injury award reiterates the old adage that a judge is entitled to accept all, some or none of a witness’ evidence. A judge is not obliged to identify and discuss every piece of evidence related to factual deliberations in reasons for judgment; nor are they required to…

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$175,000 Pain and Suffering for PTSD and Soft Tissue Injury

Valuing psychiatric injury and proving post-traumatic stress disorder, also known as PTSD, is an evidentiary challenge. This PTSD injury claim reviews several  cases in which PTSD was established. This case involved a 55 year old truck driver injured in a motor vehicle accident on Highway 1 near Chilliwack, BC. Having found the other driver 100% at fault the court…

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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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