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.

Admitting ICBC Records Miscarriage of Justice in Personal Injury Case

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…

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When ICBC must pay for Your Lost Wages and Lost Vacation Pay

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…

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$45,000 Pain and Suffering Award to 81 Year Old Car Accident Victim

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…

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$25,000 Penalty against Claimant in Personal Injury Case Overturned

The claimant suffered injuries in a car accident, alleged loss of earnings but failed to disclose court ordered work calendars, personal loan documents, and income tax returns. The Master ordered a harsh sanction of $25,000 against the claimant for failure to disclose the documents. The Supreme Court ,on Appeal, however disagreed with this harsh and punitive sanction (Badreldin v.…

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Vancouver Car Accident Report to ICBC

Learn about reporting a car accident in Vancouver. Here are some helpful links to checklists and articles about when, where, why and how to report a car accident in Vancouver to  the Insurance Corporation of British Columbia, ICBC: Report Accident to ICBC with a Lawyer VS. Without a Lawyer: Is there a Difference? Making an ICBC…

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Metal Pole to the Head Lands $297,000 Award for Inner Ear Injury

Fueled by a drunken rage, the defendant drove over to the claimant’s house in Mission B.C. armed with a metal pole intent on inflicting grievous bodily harm. The claimant said that the truck came bouncing down the driveway towards the house with its horn honking. A fight ensued in which the claimant suffered a serious blow to…

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Cost of Medical Experts and Legal Fees Awarded to Injury Claimant

This personal injury claimant, born and raised in the Lower Mainland, was awarded $14,000 for his legal costs and the defendant was ordered the pay the trial costs of the his medical experts (Mothe v. Silva,2015 BCSC 1053 ). The claimant was injured in a motor vehicle accident that occurred at River Road in Richmond, BC…

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Loss of Enjoyment of Life from Bodily Injury Worth Less than Wrongful Conviction

Money awarded for pain, suffering and loss of enjoyment of life for injury to the human body appears to be worth less than being unjustly jailed says the Supreme Court of Canada (Hinse v. Canada (Attorney General, 2015 SCC 35 ). The Supreme Court of Canada in the Andrews trilogy  set an upper limit of $100,000 for…

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Bus Passenger Ejected from Seat Wins $90,000 for his Injury

When injured as a passenger on a public bus, public carriers and bus drivers have a heavy burden to establish that they used all due, proper and reasonable care and skill to avoid or prevent injury to the passenger. This principle was reaffirmed in the personal injury case of Hutchinson v. Dyck, 2015 BCSC 1039. The claimant was…

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New Expert Evidence Test Impacts Personal Injury Cases

A new cost-benefit analysis for admission of expert reports introduced by the Supreme Court of Canada expands the gatekeeping role of judges in Canada (White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23). This development will change the landscape of expert evidence in personal injury lawsuits, especially when it comes to the hired guns such as…

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