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.

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…

Read more

Causation Conflated with Mitigation in Chronic Pain Case

  A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate.  The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to prove that she had failed to mitigate her injuries (Park v. Targonski,2017 BCCA 134). The court…

Read more

Can ICBC Close My File?

No, ICBC cannot close your file. ICBC is governed by the protection of privacy legislation prohibiting indiscriminate destruction of personal information. If you have complied with the claim application process the Insurance Corporation of British Columbia, ICBC, typically has  30 to 60 days to pay the benefits.  Accident Benefits are payable by ICBC, in the case of weekly…

Read more

Driving off the Road not Always Negligent

There is no presumption of negligence in law simply because a vehicle hauling a trailer drives off the road. In a unanimous reversal this son’s negligence claim against his father has been sent back for a new trial.( click here to read Haynes v. Haynes, 2017 BCCA 131 ) A father and son were hauling a trailer loaded…

Read more

The Rise of False Fraud Claims by ICBC Against Innocent Injury Victims

When ICBC makes a false claim of fraud against you this can affect your work, family life, and personal reputation. ICBC (Insurance Corporation of British Columbia) is an auto insurance monopoly created by government and, unlike most other Provinces, ICBC investigators hold police type powers and provide crown prosecutors with evidence to lay charges against auto…

Read more

$75,000 for Chronic Injuries to Neck and Shoulder

  A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims will have to suffer pain for the rest of their lives. In today’s ICBC case example…

Read more

When ICBC Injury Claimants go on Vacation

Going on a vacation after a car accident injury can change the direction of any ICBC injury claim.  Whether it is for Spring break, pre-planned vacation or other time off work, here are three important tips to for travelling ICBC injury claimants: Discuss Travel Plans with your Doctor Tell your family doctor and therapists about travel plans before…

Read more

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…

Read more

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…

Read more

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…

Read more