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.

$85,000 Personal Injury Settlement leads to Fight Over Expenses

ICBC has a statutory monopoly on third party automobile liability insurance coverage in BC and appears to be manipulating this monopoly in ominous new ways, testing our courts sense of justice.  The Insurance Corporation of British Columbia has been systematically refusing to pay for necessary medical and other expert opinion upon settlement of cases to…

Read more

The Truth About Distracted Driving and ICBC’s Rate Increase 2014

ICBC gets a failing grade in my books when it comes to road safety expertise and providing accurate data about road safety. Their most recent attempt at obtaining a 5.2% rate increase is filled with misleading propaganda trying to convince drivers that there is suddenly a distracted driving catastrophe about to occur in our Province.…

Read more

Important Practice Point: Examination for Discovery at the Lawyer’s Office

Personal injury lawyers in Vancouver are in often required to travel to remote areas of British Columbia to examine witnesses.  This Supreme Court case however may help change all that. In Schroeder v. Sweeney, 2014 BCSC 1843 the defendant was trying to force the Claimant to attend Examination for Discovery at an Okanagan court reporters office.…

Read more

Pedestrian Wins Appeal But no Increased or Special Costs

This personal injury Claimant was walking through a parking lot of a strip mall in Cranbrook, B.C. when he was struck by and injured by a motor vehicle. The trial judge concluded that the driver was 33 1/3% liable and the Claimant was 66 2/3% liable for the accident.  However the Claimant’s appeal was allowed and…

Read more

The $25,000 ICBC Personal Injury Settlement Offer

May 24, 2019- Whether personal injury claimants have been diagnosed with whiplash, soft tissue injury, WAD (whiplash associated disorder), back or neck injury, a $25,000 offer from ICBC to resolve a personal injury claim can be temping to accept, especially with minor injury caps.In British Columbia money awarded for pain and suffering is assessed and…

Read more

Hit and Run Vehicle at Fault for Overtaking in Snow

Hit and Run personal injury claims in British Columbia require injury claimants to name ICBC as a nominal defendant and prove that the unknown driver was at fault. In this hit and run bifurcated summary liability trial (Link v. Insurance Corporation of British Columbia,2014 BCSC 1765) the determination of liability was the sole issue before…

Read more

Personal Injury Claimant Without Lawyer Loses Appeal

This unrepresented personal injury claimant was a passenger involved in a car accident for which fault was admitted. At the Vancouver trial the Judge awarded the claimant $25,000 for pain and suffering, $2,066 for lost wages, and $1,084.45 in out of pocket expenses, much less than she sought.  The claimant therefore appealed alleging that the trial judge…

Read more

ICBC Personal Injury Claim Settlement Costs Denied

This personal injury lawsuit was settled about 10 days before the beginning of the trial, after the claimant accepted an Insurance Corporation of British Columbia, ICBC, offer of settlement for approximately $155,000.00 plus costs and disbursements (Salsman v. Planes,2014 BCSC 1726). Following settlement, the claimant’s personal injury lawyer presented a bill of costs in the sum…

Read more

Personal Injuries Overstated in Notice of Civil Claim

Personal injury lawyers in Vancouver and the rest of BC need to consider taking a new approach to making allegations of injury. Overstating injuries in a personal injury lawsuit, as found in this case (Rasmussen v. Blower,2014 BCSC 1697) can lead to a poor outcome. The claimant in this personal injury case was a passenger…

Read more

Functional Capacity Evaluation Cost not Part of Personal Injury Settlement

This modest out of court motor vehicle accident settlement with ICBC concerned, in part, the costs of a Functional Capacity Evaluation (“FCE”) set up by the claimant’s personal injury lawyer.  The claimant suffered soft tissue injuries to his neck and upper back after the accident and had ongoing left shoulder pain. If the matter did not settle…

Read more