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 Claimant to Blame for Alcoholism not Impecuniosity

ICBC arguments on the failure to attend recommended treatment, mitigation,  are often narrow and focused, as displayed in the following $150,000 pain and suffering injury case. ICBC argued that prior substance abuse should result in a low award but the BC Supreme Court decided this ICBC case was worth over $720,000. The car accident was a head-on collision on…

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Hit and Run Driver must pay $100,000 in Punitive Damages

This personal injury case involved a driver that fled the scene of a car accident causing serious injury to the ICBC claimant. The judge was not only satisfied that it was the defendant that was the driver the judge awarded the claimant $100,000 in addition to the award as punishment for the hit and run driver fleeing…

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Killed by Drunk Boyfriend but 20% at Fault for being Passenger

The claimants’ 26 year old daughter was killed in a horrific single car accident, when she was a passenger in a car driven by her live-in boyfriend, the defendant.  The boyfriend had been smoking marijuana, consuming a great deal of alcohol and driving with extreme recklessness. This claim was brought by the family under the Family Compensation…

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Thanksgiving Weekend Car Accident Results in $200,000 Award

For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but…

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$3 Million Award for Dirt Biker Injured by All-Terrain Vehicle

A claimant must prove three elements to win a personal injury case: (1) that the defendant owed him a duty of care, (2) that the defendant’s behaviour breached the standard of care, and (3) that the claimant suffered damage caused (in fact and law) by the defendant’s breach.  In this tragic case a dirt bike and All-Terrain Vehicle (ATV) collided…

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Ski Ticket Waiver Results in Dismissal of Personal Injury Case

This injury claimant sustained serious injuries, including a broken leg, while snowboarding at Big White Ski Resort. The claimant said that he was injured when a known route from “Highway 33,” a ski run on Big White, to the Solana Ridge condominium complex led him over a sheer ten-foot drop down into a parking lot. As…

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Injury Claimant not Required to have X-ray

The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…

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Claimant Beats Best Offer to Settle but no Double Costs

An ICBC injury claim always gets to a point where offers to settle have to be made. If an injury claimant makes a reasonable offer and ICBC refuses to to accept the offer, the Court can punish ICBC if the court award in more than the offer. However, the rules of court allow judges to…

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Open Courts Process the Very Soul of Justice in Personal Injury Cases

This was an application of a personal injury claimant to have the judge’s reasons withdrawn from the Court’s website (2017 BCCA 321). In  the personal injury case it was alleged the claimant suffered a brain injury that left him with a lack of emotional control. The claimant had an “outburst” during cross-examination that involved the use of expletives, and…

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