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.

ICBC Injury Caps Bad for Quality of Life in British Columbia

Talk to anyone affected by injury caps and they will tell you their quality of life has significantly decreased because they have no access to legal advice or recommendations for adequate care and treatment. When a person has been injured thru no fault of their own, our law has always allowed an innocent victim to be put back financially…

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Loss of Past Earning Capacity on “Real and Substantial Possibility” Threshold

In this car accident personal injury case the claim for past loss of earning capacity was dismissed as speculative. Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed the appeal. (Rousta v. MacKay,2018 BCCA 29). The ICBC claimant was driving on Taylor Way…

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Car Accident Victim Recovers Compensation for only 50% of Losses

This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…

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ICBC Blames Officer for getting Run Over by Shoplifter But Judge Disagrees

In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”.  He…

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Joan Gadsby Ordered to Post $15,000 as Security for Costs

  Ms. Joan Gadsby, sole shareholder of Seaview Villa Estates Ltd., provided a covenant in respect of a mortgage. Joan Gadsby defaulted under the mortgage and foreclosure proceedings were commenced against Ms. Joan Gadsby and her company.   She never honoured the required payments and an order nisi of approximately $1,000,000 was granted and the property sold. (Gadsby…

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$730,000 Rear End Injury Settlement Awarded Costs Above BCMA Guidelines

The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…

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First Injury Case of 2018 Applies Possibility Test to Past Losses

In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events. Therefore an ICBC injury claimant is not required to prove these hypothetical events on a balance of probabilities when claiming loss of past opportunity to earn.(De Groot…

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ICBC Denied Late Medical Exam Before Deadline

This was application to have the claimant attend a defence medical examination with a rheumatologist, Dr. Wade in relation to a car accident injury claim.  There have been a number of expert reports tendered by the claimant, and two defence medical examinations done by agreement by Dr. Sovio, an orthopedic surgeon, and Dr. Dahi, a psychiatrist. The claimant provided most…

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