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.

$100,000 Award for Facial Scarring and Whiplash

This motor vehicle accident personal injury case required the Supreme Court to put a value on the pain and suffering for an eight year old boy with severe facial scarring and soft tissue injury. Tragically, his mother and his twin brother were killed, and his significant facial scarring had required him to endure numerous uncomfortable surgeries…

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Teenage Personal Injury Claimant Awarded $45,000 for Pain and Suffering

ICBC injury claims can often involve valuing pain and suffering for children and teenagers. This personal injury claimant was a 9 years old passenger in the front seat of her mother’s minivan when another vehicle failed to yield the right of way and collided with her right front bumper(Toopitsin v. McMullen,2014 BCSC 1486). She claims…

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Settlement Offer to ICBC Exceeded But Double Costs Denied

This personal injury claimant offered to settle with ICBC for $60,000.00 one day before trial. The offer was only open for acceptance until that same afternoon at 4 p.m. The Insurance Corporation of British Columbia, insurer for the defendant, rejected the offer and the trial judge awarded the claimant over $67,000.00 (Barnes v. Lima, 2014 BCSC 1475).…

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Maximum Injury Award for Pain and Suffering $351,000

The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower.  On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…

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Offer to Settle of $1.00 Unreasonable Despite Dismissal of Claim

This personal injury case began on Highway 1 approaching the Herrling Island exit when a sanding truck  struck the claimant’s vehicle and caused him to lose control and hit the rock face. The Insurance Corporation of BC, ICBC, denied the hit and run claim on the grounds that it was a single‑car accident and that a…

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“Unusual Danger” in Personal Injury Liability Eliminated

Many slip and fall personal injury claims in British Columbia have been successful because the judge determined that the owner of a property had created an unusual danger. However with the introduction of the Occupier liability Act the common law concept as of “unusual danger” began to lose meaning and in Agar v. Weber, 2014 BCCA…

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Business Losses after Car Accident- ICBC vs. WCB

In this somewhat successful appeal, the BC Court of Appeal makes it clear that a car accident claimant, despite being a worker and being injured by a worker, is not statute-barred from maintaining an action for business-related losses that do not relate to personal injuries(Singh v. Sopper,2014 BCCA 243). The case involved a  motor vehicle…

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Teens and Youth Personal Injury Claims Concussion Guidelines

Help for children, youth and teenagers suffering from concussion and mild traumatic brain injury following a car accident just got easier.  Concussion guidelines have been established for every adolescent aged 5 to 18 years who have or may have sustained concussions. Ontario is now ahead of British Columbia, including ICBC, in providing guidelines for managing and…

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ICBC Medical Examinations Change for Accident Injury Litigation

When a person is injured in a motor vehicle accident and has already attended a medical  assessment set up by the Insurance Corporation of British Columbia, ICBC, does ICBC have a further right to require the claimant to attend  more medical assessments in the personal injury lawsuit against the other driver? Supreme Court Civil Rule 7-6(2)…

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ICBC Rejects $200,000 Offer After Judicial Settlement Conference

This is a review of an award of double costs against an ICBC insured for failure to accept a reasonable offer of settlement( J.D. v. Chandra,2014 BCSC 1272) . This successful personal injury claimant offered to settle her ICBC case for $200,000 after attending a Judicial Settlement Conference.  The Insurance Corporation of British Columbia, ICBC, rejected the…

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