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.

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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Brain Injury Case Appeal Dismissed as Fact Driven

A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…

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ICBC Claims Settlement Tips and Advice

The first tip, the ICBC adjuster works for ICBC not the injured claimant. ICBC does not assign claimants their own advocates after a car accident.  No one at the Insurance Corporation of British Columbia, ICBC, will look out for the claimants best interests when it comes to settling an injury case. Second tip for ICBC injury…

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ICBC Allowed to Deny and Admit Liability for Same Car Accident

The Court of Appeal has ruled that admitting liability and settling a lawsuit but also denying liability in another lawsuit for the same car accident is not an abuse of process. (Glover v. Leakey,2018 BCCA 56) This case involved a car accident in which two lawsuits were commenced by different occupants. In one lawsuit ICBC admitted their…

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Future Care Injury Award Reduced for Public Funding

The amount awarded for cost of future care can be adjusted up or down to take into account the availability of other benefits. In this Court of Appeal decision the court reaffirms this principle as it relates to the likelihood of continued publicly funded home care from Alberta Health Services (AHS). The injury claimant was involved…

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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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