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.

$40,000 Awarded for Loss of Homemaking Capacity

This is a personal injury case arising out a car accident which occurred on Howes Street in New Westminster. As the claimant entered an intersection on a green light another vehicle suddenly turned in front of her causing a collision. Loss of the ability to do work within the home is compensable as a loss of…

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Business Pays for Poor Staff Training in Slip and Fall Case

This “slip and fall” personal injury claim was brought after a customer of the Chopped Leaf Restaurant in Kelowna slipped on an unknown food item (Robinson v. 1390709 Alberta Ltd.,2017 BCCA 175). The Court of Appeal has confirmed two important elements in establishing negligence in slip and fall cases: It is not good enough for a business…

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Loss of Use in Auto Accident Claims Clarified by the Court of Appeal

This appeal from a $15,000 award as compensation for loss of use of his Ferrari resulting from the respondent car dealership’s negligence was dismissed. The court has updated and clarified the law that applies when a claimant loses the use of a vehicle, especially if the vehicle would be used to make profit, such as a work…

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When Rejecting an ICBC Offer is Reasonable

The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590).  This claimant was awarded only $37,800 by a jury but was still awarded her court costs by the…

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Google Earth to be an Important Tool in the Injury Lawyers Toolkit

Unquestionably one of the most compelling destination compendiums of our planet,  Google Earth is sure to assist many personal injury lawyers steer clients and potential clients in the right direction.  The future is bright for this mother of all Earth browsers, so here are a few important features personal injury lawyers need to know: Seamless transition from 3D…

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Credibility Issue no Bar to Summary Trial in Personal Injury Case

This injury claimant alleged the bridge designers failed to properly design a manhole cover near the Pitt River Bridge resulting in his car accident injury. The claimant described the manhole as protruding some inches above the surface of the roadway. His claim was dismissed at a summary trial on the basis that he had failed to establish a breach…

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Disability Benefits Deductible from Your Claim for Lost Earnings?

Disability benefits through a work insurance policy for short or long term disability may not be deductible from your client’s anticipated ICBC tort award under the insurance exception. Luis v. Marchiori,2015 BCSC 1 is good law on the matter and quotes Dionne v. Romanick, 2007 BCSC 436, at paras. 113-121 as follows: “[113] The question of whether…

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Higher Burden of Proof for Pain Disorder Dismissed

In this important Court of Appeal decision the court has upheld an award of $85,000 for pain and suffering arising out of a somatic symptom disorder, despite credibility and reliability issues. Also, and more importantly to the personal injury lawyers out there, the Court has dismissed the “higher burden of proof” rhetoric that has been read into…

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Claimant Without Lawyer Has Welfare Deducted

In this self represented car accident case the injury claimant was awarded $49,000 for what she called incapacitating and permanent injuries.  The claimant asked the court to award her approximately $175,000 for pain and suffering s, $243,000 in past wage loss, $616,000 for impaired earning capacity, $409,000 in future care costs, $20,000 in housekeeping expenses and $12,000…

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The Injured to get no Sympathy when Applying Legal Principle says Court

In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213]     I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…

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