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.

Elderly Injury Claimant Awarded $50,000 for Pain and Suffering

Age is a factor for compensation for older and retired adults after a motor vehicle injury and is considered in today’s personal injury case: Bardua v. Han, 2016 BCSC 861.  As it relates to compensation for pain and suffering for retired individuals  Judge Griffin  famously stated: [88] The retirement years are special years for they are at a time…

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ICBC Required to Pay Lost Wages for Delayed Total Disability

The Court of Appeal has done away with any legal basis for ICBC’s policy of denying disability benefits when total disability arises beyond the first 104 weeks  of a car accident(Symons v. Insurance Corporation of British Columbia,2016 BCCA 207 ). Long term disability benefits for personal injury claims must now be paid for future periods of…

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$740,000 Award in Low Velocity Injury Case and Dr. Koch Discredited

This personal injury claimant was awarded over $700,000 after ICBC failed to take her injuries seriously following six “minimal damage”, also called by ICBC “low velocity”, motor vehicle accidents. ICBC relied on Dr. William Koch, a registered psychologist in B.C. to argue that the claimant had pre-existing psychological disorders not related to the car accidents. Dr. Koch…

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Personal Health Information for All British Columbian’s Disclosed to Tobacco Company

Personal Injury lawyers should know that the Court of Appeal has allowed the Information and Privacy Commissioner of British Columbia to challenge an order that allows the tobacco company Philip Morris International Inc. access to a number of government databases containing personal healthcare information. The central issue on appeal will be whether the chambers judge erred in not…

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Use of medical Marijuana Not in best interest of Claimant

This injury claimant was awarded $50,000 for pain and suffering but her claim for medical Marijuana of 3 grams a day in cream form for a period of two years at a cost of between $21,900 and $32,850 was totally dismissed (G. v. Ahn, 2016 BCSC 795). The claimant was injured in a motor vehicle accident which occurred at the intersection of…

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ICBC Beats Settlement Offer but Full Costs Still Awarded to Claimant

What happens if a claimant does not accept an ICBC offer and the court awards less than the amount offered? Are you forced to accept whatever ICBC offers? Is it a factor that ICBC is a big fish in the small pond of personal injury? Today’s ICBC offer to settle case shows that not accepting an offer…

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ICBC Refuses to Pay Punitive Damage Award before Appeal

ICBC, in this personal injury case, having been ordered to pay almost $400,000 in punitive damages for reprehensible conduct, wins a stay in the payment pending their appeal (Arsenovski v. Bodin,2016 BCCA 178). This ICBC injury case involved a car accident which occurred at the intersection of Nelson Avenue and Imperial Street in Burnaby. The claimant pedestrian was…

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$115,000 Pain and Suffering Award for Soft Tissue Injury and Chronic Pain

Another walloping to the auto insurer ICBC as they seem to continually refuse to make reasonable offers of settlement. The Court has awarded $411,158.00 after a 2 week trial in Vancouver to a  claimant involved in a motor vehicle accident while driving on Highway 1 near Kamloops, B.C. (Biefeld v. Neetz,2016 BCSC 689). As a result…

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$170,000 Pain and Suffering Award for Depression and Chronic Pain

This injury claimant was awarded almost $1 million after suffering chronic pain injuries from a car accident. The accident occurred at the intersection of Fraser Street and 41st Avenue in Vancouver. The claimant’s vehicle was in the dedicated left turn lane and the defendant, intending to drive to the front of the left turn lane to…

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