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.

Slip and Fall Injury Dismissed due to Delay

In personal injury cases, including slip and fall injuries, claimants are expected to move the litigation along and to name all of the right people and companies in the lawsuit. This dismissal of slip and fall case for want of prosecution (Morice v. Toronto-Dominion Bank,2014 BCSC 380) shows that when delay causes prejudice which goes directly and profoundly to…

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Car Accident Award for Death of a Father Signals Change

The 3 year old claimant’s father was killed in a motor vehicle accident resulting in this Wrongful death award to daughter (Duncan v. Brown,2014 BCSC 153). Changes to the law now prevent ICBC and other insurance companies from avoiding a child’s claim for loss of dependency due to the existence of a step parent. The car…

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Best Vancouver Injury Lawyers- The Skinny on Credentials

As a personal injury lawyer in Vancouver since 1995 the top questions I still get asked before getting hired are about legal experience and fees.  In today’s article I want to address the credentials to look for when hiring a personal injury lawyer in British Columbia. Claimants looking for the “best personal injury lawyer”, whether…

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Smoking Pot for Pain After Car Accident Required Treatment?

Pain and suffering after a car accident is often claimed by personal injury lawyers for clients but can the award be reduced if the claimant fails to take medical marijuana? The Supreme Court of BC said the injury claimant’s personal injury award should not be reduced for failing to take medical cannabis (Glesby v. MacMillian,2014 BCSC 334).…

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$425,000 Injury Award Reduced for Rollerblading in Crosswalk

In this personal injury rollerblading case(Chabot v. Chaube,2014 BCSC 300) The claimant was not obliged to remove her inline skates to cross at a marked crosswalk but, having chosen to skate across the crosswalk, she was required to take reasonable precautions for her own safety considering her speed and visibility. Rollerblading within a marked crosswalk is not…

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Personal Injury Award Reduced as no Realistic Possibility of Loss

After a car accident injury there is a big difference between a loss that “may” occur in the future and one in which there is a “real possibility”.  Personal injury lawyers have long been trying to put some logic to this distinction and now the following  Court of Appeal case introduces “realistic possibility” (Kim v. Morier, 2014…

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ICBC Injury Adjuster Suggests Concocted Complaints But Claimant Beats Offer to Settle

The evidence of an Insurance Corporation of British Columbia, ICBC, adjuster in this car accident personal injury case was rejected by the Supreme Court after she suggested the claimant had concocted her complaints of hand pain and associated numbness.(Kovac v. Moscone,2014 BCSC 259).  The accident occurred when the claimant was stopped at a red light at…

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