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.

Suing for Moral Injury in Canada

The Supreme Court of Canada awarded a man $30,000, $15,000 of which compensated for moral injury as a result of being forced to listen to the reciting of a prayer at a municipal council meeting (Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16). The Court reinstated the  Quebec Human Rights Tribunal award of $30,000 in compensatory…

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$75,000 Award for Pain and Suffering- L1 Vertebra Injury Accepted

In this low back personal injury case the claimant was driving southbound on Willingdon Avenue  in Burnaby, B.C. when he was struck on the driver’s side as he approached Maywood Street. At issue were claims for pain and suffering, past and future wage loss, and the cost of future care. A key issue was  whether an L1…

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The Truth about ICBC Injury Settlements

As a personal injury lawyer dealing with ICBC since 1995, having settled hundreds of injury cases, there are three certainties I have come to expect in every case.  No matter the age, sex, or work ability of the claimant, here are three realities claimants should know about ICBC settlements: The claimant will be required to sign…

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$100,000 for Psychological Injury- Aggravation of Stuttering Condition

The claimant was rear-ended in a car accident and alleged he suffered chronic pain, with physical and psychological consequences, arising from neck and back injuries. The claimant had a longstanding stuttering condition since he was a young boy. The cause of this condition remained unknown and he continued to stutter to the date of trial (Karim v.…

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Witness can have Lawyer Respond after Car Accident

The claimant was injured in a single vehicle accident when she lost control of her vehicle due to slippery road conditions. The Claimant said that the defendants, responsible for highway maintenance in the area where the accident occurred, were negligent. The Capilano defendants deny liability and say that they complied with their duties. The road…

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Broad Document Disclosure Appeal Allowed

As ICBC Claims Lawyers part of our job is protecting personal injury claimants from broad requests for disclosure of  medical, employment and school records. There are limits to what ICBC and other defendant insurers can expect to receive early in the litigation, and the BC Court of Appeal agrees. In the case of Century Services Inc.…

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Injury Settlement of $77,400 Reduced by Investigation Costs

In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle.  The defendant’s therefore claimed the cost of the investigation…

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Injury Claim Settles for $85,000 But Insurer Fights Costs

The Insurance Corporation of British Columbia, ICBC, is a government created corporate monopoly for third party auto insurance.  ICBC has recently began to use its’ power, after injury claimants accept an offer of settlement, to refuse injury claimants the cost of diagnosis, assessment and treatment of  personal injuries(ICBC denial of costs provokes court comment). In this…

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Making An ICBC Injury Claim- A Case Study into What Not to Do

The following personal injury case will be used as a case study into what not to do as a personal injury claimant. Almost everything a personal injury claimant should not do after a car accident, is contained in this injury case (T. v. ICBC, 2015 BCSC 359). The trial judge should be commended, if not compensated…

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No Car Damage but Judge Wrong to Ignore Medical Evidence of Injury

A new trial has been ordered for this personal injury claimant after the trial judge dismissed the case without any justifiable reason. This personal injury cases gives some assurance that claimant’s can stand up to judges that inject their own opinions in place of medical experts. This case is also a warning to trial judges…

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