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.
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…
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…
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…
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…
This ICBC offer to settle case raises two important issues: (1) What ICBC accident benefits should be deducted from the award against the driver; and (2) Should a claimant be denied costs for not accepting an ICBC offer which is the same as the court award. This ICBC personal injury case involved two car accidents. First…
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…
Car accident victims were delivered a catastrophic blow affecting injury settlements for 2018 and the future. Laws passed by a newly formed coalition government empower ICBC to deny, and not settle, injury claims. This has unleashed a flurry of low ICBC settlement offers and dire warnings for the future of innocent victim compensation in British Columbia. Many…
In this slip and fall lawsuit there was mixed success on the defendant’s application for production of records of the treating psychiatrist. However, it was the award of costs against the claimant’s lawyer which is of note: [19] I am deeply troubled by the positions plaintiff’s counsel took on this application, including seeking an order for…
In awarding this personal injury claimant double costs for beating the pre-trial offer of settlement, the Supreme Court has articulated 5 key principles to consider if you beat an offer to settle. The defendant insurer State Farm cancelled a mediation because their view was that mediation to settle the car accident claim had little chance of…
This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…
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