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.

Late ICBC Offer Forces Judge to Use Discretion

This injury claimant alleged a number of injuries including brain injury, which was said to have resulted in a loss of about $4 million in capital, as well as about $1,850,000 income to the date of trial and thereafter.  In reasons for judgment indexed at 2014 BCSC 2113, real damages were assessed at $77,750. This is a case…

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Litigant Without Lawyer Ordered to Pay ICBC Costs

After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid back to ICBC as costs. In this article learn about the costs consequences for self-represented litigants…

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Malpractice Lawsuit Dismissed for Late Filing

Medical malpractice claims are among the most complex, risky and unpredictable civil claims to bring before the British Columbia court. This Court of Appeal case reveals the extent to which timing a medical negligence claim with recovery can determine the successful outcome of the case (Bell v. Wigmore, 2017 BCCA 82). This claimant suffered tinnitus, dizziness and…

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Left Turning Vehicle at Fault in Classic Legal Analysis

Car accidents involving one vehicle turning left into the path of another not only cause significant personal injury these collisions raise serious issues of fault and legal liability. The sole issue in this personal injury case was the determination of fault for a motor vehicle accident which occurred at the intersection of Highway 10 and 192nd Street in…

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Stapley v. Hejslet used for $80,000 Stoic Soft Tissue Injury Award

This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did not like to complain about his injuries, which makes assessment difficult for the court. As…

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ICBC Massage Therapy Payments – A Primer for the Injured

Learn the basics about massage therapy coverage after a car accident in today’s article. Designed for ICBC claimants and massage therapists we discuss therapy payments for car accident related injuries in British Columbia. Massage Therapy- ICBC Benefits ICBC is only required to fund the first $23 of massage treatment performed by a Registered Massage Therapy. Most…

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Settlement Offer to ICBC Beaten and Double Costs Awarded

In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected.  The claimant  was therefore entitled to an…

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Rear-end Collision Draws Inference of Negligence against Rear ending Driver

Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary.  The following personal injury case tried unsuccessfully to prove otherwise ( click here to review full case of Wright v. Mistry,2017 BCSC 239).…

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Pain and Suffering Award of $95,000 for Moderate Pain Disorder

This ICBC claimant was injured in a rear ender when driving on Boundary Road in Vancouver. When traffic came to a stop the claimant was rearended by a pick-up truck pushing her car about two car lengths into a van that had previously stopped in front of her. Immediately she experienced pain in her right leg, left…

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