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.

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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Injury Caps for Pain and Suffering a Loser for Quality of Life in BC

Proposed Changes to Awards for Pain and Suffering in British Columbia For injury victims of car accidents, the NDP government is planning to legislate a $5,500 cap on injury claims for pain and suffering starting in 2019. This will destroy the gains injury victims have made over reckless culprits, bad drivers and highway offenders. Allowing the current…

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$418,000 Injury Award for Loss of Housekeeping Capacity Upheld

In this precedent changing personal injury Court of Appeal decision, the injury claimant, struck by another vehicle on the passenger side where she was seated, was awarded $1,782,068, including  $418,000 for loss of housekeeping capacity at trial. We focus on this exciting new statement from the court of appeal embracing this claim for loss of housekeeping capacity…

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Runaway Snowmobile Blamed for Serious Injury

This pedestrian suffered serious injuries when he was struck by a runaway snowmobile. The snowmobile operator had been thrown off the machine and the snowmobile sped one kilometre across open terrain before striking the claimant (Passerin v. Webb,2018 BCSC 289). The snowmobiler was not using the the tether cord which would have automatically shut off…

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ICBC Ordered to Pay Claimant’s Administration Fee…Again

ICBC continues to show a lack of respect to the court and to claimants  by refusing to pay a law society trust administration fee.  The auto insurance monopoly ICBC, wanting total control over the claim process, has ignored the ongoing orders and directions of the Supreme Court. ICBC employs many lawyers to assist ICBC adjusters…

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