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.

$15,000 for Mental Distress and Total Disability Defined

This 36 year old injury claimant sought  an order requiring Empire Life Insurance Company  to pay her long-term disability benefits as the insurance company refused to pay the disability benefits (Tanious v. The Empire Life Insurance Company,2016 BCSC 110). The retroactive value of the claim was no more than $60,000, after making appropriate deductions for taxes and CPP…

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$100,000 Pain and Suffering Award for Neck Pain and Headaches

The purpose of an award for pain and suffering, called “non-pecuniary damages”, is to provide money compensation that ameliorates the condition of an injured claimant. In making such an award, the following factors are relevant: age of the claimant;  nature of the injury;severity and duration of pain; disability; emotional suffering; loss or impairment of life;  impairment of family, marital and social…

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Judge Cannot Change Masters Costs Award in Personal Injury Case

A Supreme Court Master refused to force this injury claimant to submit to an ICBC medical examination on two separate occasions and the Master awarded her costs.  The judge made a substantial award of damages in this car accident injury case and awarded the claimant  to costs at Scale B but denied her costs of defending these two…

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Family Doctor Able to Give Opinion about Nursing Standards

In this medical malpractice case the claimant mother was 28 weeks pregnant when she presented in the emergency room complaining of neck pain. She was seen by a registered nurse and a family practitioner and was discharged with recommendation for massage therapy. She suffered seizures soon thereafter and underwent an emergency caesarean section. The claimant child was born with significant disability.…

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Requiring Injury Claimant to Sign Authorizations not Best Option

In this personal injury case ICBC made an application to force the claimant to sign authorizations for the production of certain medical records (Gee v. Basra,2015 BCSC 2495) . The order sought was: That within seven days of the date of this order the plaintiff do provide to counsel for the defendants, or alternatively do provide…

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ICBC Accident Benefits Inadequate for Many Claimants

Voluntary payments made by ICBC to victims of personal injury is a signal that the current system is inadequate. Without ICBC advanced payments made on the basis of third party liability coverage many claimants would not be able to survive after an accident related injury. Here are 3 basic accident benefits you can expect if you…

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The Open Court Process for Personal Injury Cases

  It is not surprising that in a free and democratic society we should have a public right to an open court process. Having truly a open court ensures that common values are being applied within all our British Columbia judicial proceedings. Openness is essential to accessibility and accountability in the judicial system. However, personal injury…

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Most Important Personal Injury Cases of 2015

Developments in personal injury law for 2015 are exciting and range from the new and approved claim of moral injury to new limits on sanctions that can be leveled against injury claimants. ICBC claimants that fail to accept a reasonable offer no longer have to pay double costs and Masters cannot impose financially crippling sanctions against claimants  in the document…

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ICBC Denied Last Minute Medical Examination of Injury Victim

In this personal injury case the ICBC insured could not reasonably claim to be surprised by the subject matter of a functional capacity evaluation report and was denied further medical examination of the claimant (Falbo v. Ryan,2015 BCSC 2452). It is rare that the court will order any further medical examinations after the 84 expert deadline. It…

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