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.

Vancouver Medical Malpractice Lawyer – Breach of Contract Claims

There is a wide array of medical services provided by doctors including specialized or elective procedures.  With any healthcare procedure, there is a degree of risk. Most cases involving medical malpractice are framed in negligence and battery.  Doctors can also be held liable for breach of contract in some exceptional circumstances. In a doctor-patient relationship,…

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ICBC Minor Injury Caps – Why Hire an ICBC Personal Injury Lawyer?

A high percentage of people purchase insurance without understanding the important details of the insurance policy.  This can turn into a nightmare when a claim is denied due to an exclusion in the policy that was unknown or misunderstood at the time the insurance was purchased. ICBC is no different.  Most people have no understanding…

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Vancouver ICBC Lawyer – $150,000.00 for Concussion and Post-Concussion Syndrome

In Jones v. Rossner 2020 BCSC 2056, the 42 year-old female injured claimant suffered injuries in a motor vehicle accident when the vehicle she was driving was rear-ended without any prior warning.  Before the collision, she was in good health both physically and emotionally.  She regularly attended the gym and worked with a personal trainer. …

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Vancouver Medical Malpractice Lawyer – The Right to Refuse Treatment – Informed Refusal

In our prior blog posts we have discussed informed consent in medical malpractice claims.  As established by the Supreme Court of Canada, the key points to informed consent are: The doctor must disclose the nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient. The…

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Vancouver ICBC Lawyer – Cyclist Injured by Opened Car Door (Dooring) – Who is at fault?

“Dooring” is a term used to describe when a driver or passenger opens a car door unsafely into the path of a cyclist.  Dooring can cause serious injuries to cyclists from concussions to broken bones.  This is especially true when a cyclist swerves out of the way or collides with the car door causing them…

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Vancouver ICBC Lawyer – Another Trial Win Against ICBC for Holness and Small Law Group

Earlier this year, we announced a noteworthy trial win against ICBC by Holness and Small Law Group. We are extremely pleased and proud to announce another recent trial win against ICBC for our client. Our 35 year-old client suffered significant life altering injuries in a high speed rear-end motor vehicle accident which occurred in August…

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Vancouver Medical Malpractice Lawyer – Breach of Fiduciary Duty by a Doctor

Doctors are placed in a position of trust and confidence when dealing with patients.  The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary.  Doctors are considered fiduciaries and patients are considered beneficiaries.  A doctor’s obligation to act in his/her patient’s best interests is understood as the…

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Vancouver ICBC Lawyer – Can you make a claim against ICBC to recover Vacation Days used for your injuries?

If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income.  This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits.  If there is disability coverage through your employer, you may be eligible to receive short…

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Vancouver ICBC Lawyer – ICBC at Trial – Adverse Inference where ICBC Fails to Call its own Doctor as a Witness

The decision regarding which medical experts should testify at trial is of utmost importance and it can impact the outcome of a trial.  This is particularly true for injured claimants who hold the burden in proving their case.  If there are multiple and different types of injuries suffered in a motor vehicle accident, then different…

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Vancouver Medical Malpractice Lawyer – Negligent Delayed Diagnosis and Failure to Treat

In all medical malpractice claims, the injured claimant has the burden of proving that the doctor was negligent.  This involves proving on the balance of probabilities that that the doctor owed a duty of care to his/her patient, that the doctor failed to meet the standard of care expected of him/her and that this negligence…

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