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.

5 Things ICBC Does Not Want You to Know

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…

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Injured Commuter Gets New Trial as Collateral Fact Rule Breached

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…

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Completing Online Forms for ICBC after a Car Accident

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…

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Punitive Damages Awarded for Trespass to Cut down Trees

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…

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Suing for Loaned Lottery Winnings Changes the Law

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…

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Loss of Future Earnings Awarded Despite Increase in Salary

When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering a chronic pain condition at the beginning of her career.(Harry v. Powar,2018 BCSC 845) The…

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$170,000 Pain and Suffering Award for Chronic Soft Tissue Pain

The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when  a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of any injury. She then developed severe symptoms in the following days. The claimant was found…

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No Mistrial for Withdrawn Violation Ticket Presented to Jury

The personal injury claimant was turning left at a dedicated left-turn lane in order to enter the parking lot of Kensington Square Shopping Centre on East Hastings Street in Burnaby, B.C. and collided with another vehicle travelling eastbound on East Hastings Street (Jones v. Frohlick,2018 BCCA 170). He suffered a displaced fracture of the sternum, and injuries…

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Government Monopoly on Car Insurance Expanded-No Lawyer for you!

ICBC Personal injury caps, wiping out fundamental principles of fairness and compensation. ICBC and the current NDP are poised to extinguish the rights of all British Columbian’s injured in a car accident. On May 5, 2018 there was a large community rally outside the Surrey office of MLA Jinny Sims opposing the introduction of injury…

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