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.
When starting a personal injury lawsuit against the police it is important to consider giving notice to the municipality employing the officers. This $120,000 injury case was dimissed because the claimant failed to give the municipality notice of the claim within two months.(Lapshinoff v. Wray,2018 BCSC 2315). Section 286 of the Local Government Act, currently reiterated as s. 736…
Pain free life is valued as part of the dream of the Good Life by most Canadians. The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…
The growth of auto insurance giant ICBC has come at greater cost than just higher car insurance premiums. It has meant losing patient rights and control over access to proper medical care. Innocent victims of personal injury can expect less medical coverage after April 1, 2019, especially if they have been paying for the benefit of…
The Supreme Court has presented a new interpretation to offers to settle when it comes to ICBC settlement offers(Kobetitch v. Belski,2018 BCSC 2247). This personal injury lawsuit involved two motor vehicle accidents, the jury awarding the claimant $760,000. ICBC sought costs of the trial based on offers to settle delivered before the trial began. The first ICBC offer…
The claimant was a pedestrian injured in a car accident. She hired a medical doctor specializing in occupational medicine to assist at the personal injury trial. In that capacity, Dr. B. was qualified as an expert “capable of providing expert opinion evidence with respect to the diagnosis, prognosis, rehabilitation, and functional and occupational, vocational and…
The defendants objected to the admission of expert reports tendered by the claimant on two grounds including the lateness of two economists’ reports. Pursuant to Rule 11‑6(3), the economist reports should have been served 84 days before the trial. The report were 12 days late, being served 72 days before the trial commenced. This was a mistake. …
This injury claimant was sexually assaulted while on a tour of Oakalla prison in the late 1970s. He sought damages from a corrections officer and the Province of British Columbia. The essence of the claim was that as part of a probationary term the claimant was required to go on a tour of the jail. The corrections…
This personal injury claimant was injured in two car accidents, the first was a head on collision at 188 Street in Surrey, and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries. The defendants argued that the claimant’s original position was affected by fights that occurred when he…
In many personal injury cases there are several claims being made and some of these claims may not be successful at trial. How do you know when you have achieved substantial success? This is important when deciding on entitlement to legal costs and disbursements. Your substantial success will help determine the amount of money you…
The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 BCCA 442) The accident occurred at the intersection of Mount View Avenue and Sooke Road…