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.
Insurance Corporation of British Columbia and David Eby, the Minister Responsible for ICBC Before Attorney General David Eby brought in ICBC no-fault auto insurance he told the public this would not happen. Mr. Eby said no-fault auto insurance would not be considered. Injury victims relied on Mr. Eby to be truthful and continued to pursue…
Injury Claimants Now Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…
How Much money will ICBC injury claimants get for injuries? The new ICBC laws eliminate the ability of car accident victims to bring claims to compensate for injuries. For accident after May 1, 2021 money is no longer awarded for pain and suffering as a result of negligent driving. ICBC injury benefits are now capped…
In all ICBC personal injury claims, medical expert evidence is required in order to prove injuries and to justify the amounts claimed for different types of damage awards at trial. For instance, if you are claiming that you are permanently injured without any chance of full recovery, then you must have a medical expert’s opinion…
Seoran v. (British Columbia) Interior Health 2022 BCSC 335 is a trial decision involving an assault between a patient and a psychiatrist. In 2014 at the Inpatient Psychiatry Unit of the Penticton Regional Hospital, a Psychiatrist was providing care for an involuntary patient who had been admitted to the hospital a little over a week…
If ICBC is not ready for trial, it can apply to the court for an order adjourning (rescheduling) it to a later date. The court will not automatically adjourn a trial. There is a heavy burden on ICBC to prove why an adjournment is necessary before the order is granted. If the order is denied,…
The sad reality is that when the NDP convinced the public that they needed to “fix ICBC” by bringing in No Fault Insurance (Enhanced Care), the real purpose was to save ICBC billions of dollars. These ridiculous profits are not being used to help care for the injured or make ICBC better like the NDP…
As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…
A Supreme Court of British Columbia judge has certified a class action lawsuit on behalf of injured claimants and ratepayers against ICBC and the Government of BC in relation to making illegal ICBC payments to MSP contrary to the law. In relation to injured claimants, these illegal payments by ICBC are especially egregious for the…
As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system. The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …