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 Uninsured Motorist Protection Denied to 17 Year Old Passenger

A 17 year old ICBC claimant was a passenger injured in single-car accident in which a 15-year-old unlicensed driver lost control of a vehicle owned by another.  They were at a campground near Dry Lake BC and were going to buy hotdogs when the driver lost control of the vehicle while fiddling with the CD player. The…

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How Much an ICBC Case is Worth After Deducting Benefits

The worth of an ICBC personal injury case can be significantly changed by accident benefits received.  ICBC accident benefits are deductible from a personal injury case award against an at fault driver in British Columbia. Here are some important benefits to consider when reviewing what benefits may be deducted from an out of court settlement…

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Left Turning Vehicle at Surrey Intersection 100% at Fault

The fault of a left turning vehicle for a car accident depends on whether there is any vehicle approaching that constitutes an immediate hazard. If there is, the left turn should not be made. This case review reinforces this point as it applies to ICBC injury claims. This motor vehicle accident occurred at the intersection of 152nd…

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Best Offer to Personal Injury Lawyer After Settlement Futile

ICBC injury claimants need to be aware that accepting an offer to settle is a binding agreement and further requests to ICBC to make their “best offer” will be futile. In today’s case study the court was asked by ICBC to declare that the personal injury lawsuit was settled for $20,000 plus court costs, for which the court…

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ICBC Surveillance of Injury Claimants -The ICBC Medical Examination

ICBC can force injury claimants to attend a medical examination to verify the injuries claimed. In the past it has been a common practice for ICBC to have investigators follow claimants from their home to the examinations and follow them afterward. However the Court no longer agrees that this is appropriate and has ruled in…

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Drunk Pedestrian Looking for a Fight Only 40% at Fault for Being Run Over

This intoxicated pedestrian, Mr. Joel Robert Michael Ackley, made fun of a driver’s dreadlocks and removed his shirt while waiting for the driver to emerge from the Subway (Ackley v. Audette,2015 BCSC 1272). As the driver tried to leave the parking lot Mr. Ackley tried to prevent him from getting into his car. When the driver got into his…

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Lawyer to Negotiate Settlement with ICBC

Negotiating for settlement or for injury benefits after a car accident can be daunting if you have never had a personal injury claim before. Even the most seasoned lawyers will refer ICBC claimants to an experienced personal injury lawyer if this is not their field. These experienced personal injury lawyers are worth their weight in gold and…

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ICBC Injury Claimant Awarded Costs Despite Dismissal of Claim

In a stunning act of judicial deference this keen use of the broad discretion to award costs has allowed a personal injury claimant to recovery the legal costs of a claim despite dismissal of the action. The claimant was involved in two car accidents about 3 years apart. In the first accident the defendant admitting fault and the…

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Test for Mental Injury the Same in Contract as Tort

  Personal injury lawyers should know this wrongful dismissal contract case, as the employer successfully appealed a $30,000 mental distress award for aggravated damages. The Court of Appeal found there was no evidentiary foundation for a mental injury award for aggravated damages  despite the Supreme Court Case Saadati (Lau v. Royal Bank of Canada,2017 BCCA 253).  In…

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