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.

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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CPP not Considered a Policy of Insurance by Supreme Court of Canada

  Canada Pension Plan  (“CPP ”) disability benefits are not considered part of a “policy of insurance” says the Supreme Court of Canada ( click here for Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7) as CPP is a mandatory government program. This is an important decision for injury claimants in Nova Scotia. However, this decision…

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Fatally Flawed Medical Malpractice Award Overturned on Appeal

  The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached her duty of care owed to the patient, when placing the claimant’s left foot on…

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$120,000 2x for Pain, Suffering and Future Income Loss

Two motor vehicle accidents are treated as one ICBC injury claim in today’s personal injury case review. In the first car accident the claimant was rear ended by a vehicle travelling at approximately 60 km/h at King George Highway and Highway #10 located in Surrey, British Columbia. The claimant’s vehicle was damaged and written off…

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