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.

MSP and PharmaNet History Printouts Not Required for ICBC Claim

It is not enough for ICBC  to simply plead a pre-existing condition in order to obtain a claimant’s medical history after a car accident. The obligation is still on the defendant, ICBC, to make the case in the evidence. Even with a prior auto accident, if the claimant recovered to normal function before the car accident in question,…

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Injured Jogger Sues Young Cyclist and Loses

In this personal injury case the claimant was jogging when he came up behind three young girls riding their bicycles. Two were on the sidewalk and one was riding on the street adjacent to the curb. The jogger intended to pass the girls on their right. As he was passing them, one ten year old moved her…

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Disturbing Sexual Injury Case Protects Counselling Records

The injury claimant, 42 years of age was sexually assaulted by her father and her personal injury lawyer outlined allegations of repetitive sexual abuse commencing when she was a child.  She also alleged that the Province of BC placed her back in the residence with her father.The claimant sought general damages, special damages for increased cost of care, aggravated…

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Aggravated Damages Award Reviewed by Court of Appeal

Aggravated damages compensate a claimant for intangible injuries, such as distress and humiliation, which are caused by a defendant’s conduct. The appellants were found to have defamed the plaintiff and the judge awarded damages of $1,205,000 and special costs, and granted a permanent injunction against the appellants, restraining publication of any defamatory words concerning the Plaintiff.  All…

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Better for an ICBC Injury Claimant to Have a Lawyer

  Even the best personal injury lawyers seek expert opinion to obtain the highest results for their personal injury cases. So, it is hard to imagine how an ICBC injury claimant could obtain a fair resolution of their claim without a legal advocate. ICBC is pushing an injury cap system in which claimants will not have the benefit…

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Spinal Cord Injury Alleged from Seat Belt- Particulars Ordered

The injury claimant was a nine year old passenger sitting on the driver side rear seat of a 2006 Nissan Pathfinder when it was struck by another vehicle. As a result, the claimant sustained a near complete spinal cord transection resulting in him becoming a ventilator-dependent quadriplegic. The allegation is that the spinal cord injury was caused…

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Left Turning Truck 100% at Fault for Hitting Motorcyle

The Court of Appeal has dismissed an appeal finding a  truck driver solely liable for the serious injuries suffered by a motorcyclist totaling $838,430 in losses. The injury claimant was seriously injured when the motorcycle he was riding collided with the front end of the left-turning transport truck (Ranahan v. Iron Horse Enterprises & Logistics Inc.,2018 BCCA…

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Is My British Columbia Car Accident Claim Capped 2018?

If your car accident occurred before January 1, 2019 the ICBC injury cap will not affect your claim. The current government may however change the proposal before, or if, it becomes law. It is therefore very important that all claimants obtain legal advice in the first 30 days following a car accident. Most injury lawyers still provide…

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