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.
As discussed in other blog posts, a patient must be fully informed by his/her doctor of the following before undergoing a medical procedure: The nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient; The frequency or statistical chance of a material or special risk…
Several times in the last year, Jacqueline Small of our firm has been interviewed by Canadian Lawyer on current trends and trial decisions that impact the area of injury law in British Columbia. We are proud to stay ahead of the curve and to remain up to date on the law. We believe this is…
In Henderson v. Gettle 2021 BCSC 84, the injured claimant suffered severe injuries in a 2015 boating accident. At the time, he was visiting his family in Brentwood Bay, British Columbia. On the evening of the accident, the injured claimant, his father and stepmother set out in his father’s 17-foot powerboat to meet other family…
When investigating an ICBC injury claim, ICBC will often attempt to interview and speak to various witnesses who may have information about the injured claimant and his/her claim. Part of this investigation often includes contacting the injured claimant’s friends, family, co-workers and employers. If the witnesses do not voluntarily agree to speak to ICBC or…
ICBC is a crown corporation. A crown corporation is a public sector organization established and funded by our own elected provincial government. ICBC was created to provide universal compulsory automobile insurance to British Columbian drivers. As “compulsory” automobile insurance, ICBC has a monopoly over the entire province. There is simply no competition or choice. If…
Since the NDP have been in power, the party has completely restructured ICBC to suit the government’s needs and to save this crown corporation money. Instead of focusing on restructuring and fixing the severe mismanagement of ICBC to protect injured claimants, British Columbians have been the target with their rights being stripped away with the…
Dash Cam Footage in Your Injury Claim In an ICBC injury case dash cam footage can be the best evidence. When the fault for an accident is in question, video footage makes the difference. The issue of liability can largely be determined with strong evidence of video. Credibility and reliability are therefore very much ancillary…
The courts require expert medical evidence to consider when determining the injured claimant’s injuries and the impact those injuries have had on that person’s life. This expert evidence is essential to determine the proper amount of compensation to be awarded to an injured claimant. This medical expert evidence is obtained either from the injured claimant’s…
As discussed in a prior blog issue on Medical Malpractice and Informed Consent, most medical procedures involve some level of risk. All risks such as potential side-effects and complications must be disclosed to patients by the medical practitioner before the procedure takes place. This information allows patients to make an informed decision about whether or not…
In Zhang v. 328633 BC Ltd. 2020 BCSC 1521, the injured claimant sought damages for injuries she suffered in 2 motor vehicle accidents. In the first motor vehicle accident, she was rear-ended and ICBC admitted fault. In the second motor vehicle accident, she was a passenger in a transit bus. An unidentified driver tried to…