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.
If you settle an injury claim with ICBC after a car accident, and receive lifetime payments from an annuity, should those payments be considered income for the purpose of child support payment obligations? We help answer that question in the following case review. K.T. suffered serious injuries in a motor vehicle accident and entered into a settlement…
This personal injury lawsuit arose from a motor vehicle accident which occurred when a trailer swayed in the wind and broke off injuring the claimant. This was a successful application by the claimant pursuant to Rule 9 – 7 of the Supreme Court Civil Rules for judgment against the defendant on the issue of liability. The court concluded…
The Court of Appeal has allowed an appeal of a police offer found 20% at fault for injury and death caused by a suicidal individual who drove his vehicle into oncoming traffic killing himself and the other driver (Bergen v. Guliker, 2015 BCCA 283). This case establishes that there is currently no recognized duty of care owned to the…
In British Columbia it is assumed that every personal injury claimant is entitled to the confidentiality implicit in his or her attendance in a physician’s examining room and protection of his or her privacy on a personal matter, absent serious concerns relating to health or safety, or express legislative provisions compelling release of the information in the…
The Court of Appeal has upheld a double legal costs award against the Province of British Columbia after the Province lost a claim against a private BC company (British Columbia v. Salt Spring Ventures Incorporated,2015 BCCA 343) . Even though the settlement offer was not one which ought reasonably to have been accepted by the Province…
This ICBC personal injury claim arose out of two rear-end motor vehicle accidents. The claimant was involved in a third accident in which he was at fault. The question arose as to what impact, if any, the claimant’s responsibility for the third accident should have on the defendants’ liability for the consequences of his injuries (Derksen v. Nicholson,Insurance…
In this whiplash soft tissue injury case the claimant was injured in three motor vehicle accidents and fault had been admitted by the Insurance Corporation of British Columbia ICBC (Gupta v. ICBC et al, 2015 BCSC 608). The judge however awarded the claimant $45,000 for pain and suffering but reduced it to $30,000 stating: [the claimant] has…
The Court of Appeal ordered a new trial for this 15 year old car accident personal injury claim involving soft tissue injury, mild traumatic brain injury and unaccepted ICBC offers of $50,000, $110,00 and $120,000 (Han v. Park, 2015 BCCA 324). A documents binder allowed to be given to the jury included: a police accident report; the…
If you have lost income or vacation time due to a car accident injury, the Insurance Corporation of BC, ICBC, may be responsible for paying some or all of your net wage loss and vacation pay. The following is an outline and checklist for claiming loss of wages and an explanation of the claim for loss…
A personal injury award for pain and suffering is not reduced by a limited life expectancy and according to the Supreme Court of BC, advanced age should not be a factor either way in arriving at an appropriate award. This personal injury arose from a car accident at the intersection of Inverness Street and West 41st Avenue…