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.

Dismissal of Jury in Personal Injury Case Part of the Final Order

  This Court of Appeal decision assists appellants by not requiring leave for dismissal of juries in ICBC personal injury cases. The lawyer representing ICBC in his closing argument in front of a jury alleged that the claimant told half truths in her testimony about the car accidents and her injuries. This was in itself…

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ICBC Dial a Claim Phone Number Used to Record Statements

After a car accident a phone call to the ICBC dial a claim number at 604-520-8222 or 1-800-910-4222 will result in an internal ICBC report being created called a CL-75. As displayed in the following case, these reports to ICBC can be used to impeach claimants and witnesses about the details of the accident. Watch our…

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$7.5 Million Award Subject to Court Order Interest

In this wrongful conviction case the  Province was ordered to pay compensatory damages in the amount of $530,000, special damages in the amount of $56,691.80, and damages in the amount of $7,500,000 to serve both the vindication and deterrence functions under s. 24(1) of the Charter. The plaintiff was awarded costs at  Scale C of Appendix…

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Responding to Your Own Medical Expert- The New World of Responsive Reports

Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors.  The Rules created a class of  “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for content. It appears only well informed MLR industry members are likely to obtain the admissible…

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The ICBC Settlemet Offer that Got Away

In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…

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Functional Capacity Recommendations Awarded if Linked to Doctor Assessment

This personal injury award, $186,000 for injuries suffered in two motor vehicle accidents, was appealed by ICBC, the defendant’s insurer. The judge found the ICBC appellants liable for the two car accidents but ICBC argued that the judge had made serious mistakes in her findings of fault for the injuries and her findings of fact supporting the…

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The Proper Wording for an Offer to Settle

For  ICBC personal injury claims, and other personal injury cases, the laws governing settlement offers are more confusing than any time in history. The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a new course.  The consequences for failing to accept a reasonable offer are now left to judicial…

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$70,000 Award for Soft Tissue Injury Causing Major Disruption

The personal injury claimant was alone in her vehicle in Maple Ridge when the car following behind failed to stop in time and collided with the rear of the claimant’s vehicle. At the time, the claimant was 56 years old and employed as a bartender-server at a bowling alley.The claimant said that the effects of her injuries forced her to…

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Egg Throwing and Alcohol not to Blame for Car Accident Injuries

    The ICBC personal injury appellant was sitting in the back of a vehicle when it overturned at high speed along with other teenage passengers. The teenagers were drinking alcohol in the back of the car and planning to throw eggs at pedestrians .  After the car crash the appellant made no complaints of headaches, neck…

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