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.

ICBC Loses over a Glare of the Eye

Prior Consistent Statements are Admissible to Rebut ICBC Claims of Fabrication This incredible win by the injury claimant on appeal reaffirms the evidence rule that prior consistent statements of injury claimants are admissible to rebut an allegation of recent fabrication (T. v. ICBC et al, 2016 BCCA 373).  Prior consistent statements can include ICBC dial-a-claim reports, signed ICBC…

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$135,000 Pain and Suffering Award for Somatic Symptom Disorder with Chronic Pain

This whiplash injury claimant was injured at a deli in Langley, British Columbia and claims damages for pain and suffering; Past loss of earning capacity; Loss of future earning capacity; Cost of future care; and Special damages She was a customer standing in the store when a vehicle crashed into it. The claimant was pushed into the wall of the deli,…

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Injury Victim Failed to to Use Antidepressant Medication and Loses 50% of Claim

In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…

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ICBC Intentionally Abuses Process in Personal Injury Case

ICBC is in trouble again with the Supreme Court, found to be abusing the court process. ICBC defended a clearly at fault driver that rear ended a snowplow causing significant personal injury to his passenger. In one lawsuit ICBC admitted his fault, settling the case, in the other they denied liability forcing the case to a jury trial.…

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Egg Shell Personality Psychiatric Injury Claims

When it comes to psychological injury and psychiatric injury claims after a car accident a vulnerability to injury is not required if the emotional injury is proven as being caused by the collision. However, alternative but equally acceptable is the “egg shell personality” approach for individuals that may have suffered from prior psychological conditions in remission. One…

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How Much is Your Chronic Pain Case Worth- ICBC Feeling the Pinch

ICBC is the auto monopoly defending most personal injury claims in British Columbia. In the last 6 years ICBC has refused to settle legitimate personal injury claims making very low offers, slogging through and clogging the courts.  ICBC is causing intense aggravation of pain and suffering to victims of personal injury.Some may be convinced the recent crisis within…

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First Somatic Symptom Disorder Personal Injury Awards

Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases.  The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…

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Province did not Abuse Superiority in $8 million Wrongful Conviction Award

In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests.  Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…

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$85,000 Award for Moderate Soft Tissue Injury Pain and Suffering

The injury claimant was a passenger involved in a car  which occurred at an intersection in the Kitsilano area of Vancouver. There were no police or ambulance called to the scene. The claimant went home and saw a doctor the following day (Picton v. Fredericks,2016 BCSC 1470). This is a classic example of a psychological crumbling skull case. When trying to…

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ICBC Punished $155,000 for Failing to Disclosure Video of Claimant

ICBC has been stung with paying a car accident victim $155,340.86 in legal fees for failing to disclose a video showing her weakened and being taken away by ambulance! ICBC, the Insurance Corporation of British Columbia, disclosed to the jury only videos showing the claimant being active and disregarded a court order requiring disclosure of all videos in what seems…

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