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.

Lawyer to Help Settle with ICBC

As a lawyer in British Columbia since 1995 I have helped in the settlement of the some the most difficult cases you can imagine with ICBC, the Insurance Corporation of British Columbia. Here we provide information and instructions that will help steer an ICBC  insurance claim in the right direction. Best Time to Sette with…

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ICBC Offers of Advice and Recommendations not made Public

  ICBC has prevented public disclosure of documents that would have revealed advice, guidance and recommendations received prior to unilaterally terminating numerous agreements with the automotive industry in 2011. The Court, in this ICBC private documents case(Insurance Corporation of British Columbia v. Automotive Retailers Association,2013 BCSC 2025),  quashed an earlier order of the Provinces Freedom…

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Sue ICBC for Not Paying Car Injury Accident Benefits

Suing an insurance company like ICBC means putting yourself at risk in a lawsuit and should only be done for good cause. There are 4 essential forms and documents you need before you sue the Insurance Corporation of British Columbia, ICBC, for refusing to pay injury benefits after a car accident. Here’s a checklist: 1.…

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ICBC Settlement not Family Asset in Divorce Proceeding

In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife  tried to claim half of the husband’s settlement from ICBC as a family asset. The husband kept his settlement from ICBC separate and did not use it for any family purpose.  He had actually placed the settlement money in a separate bank account and…

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ICBC Refuses Settlement Offer for Personal Injury and Forced to Pay Costs

In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer. This…

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Zip Lining Injury Claim Dismissed Due to Signed Release and Waiver

In a Dramatic turn-a-round, on April 30, 2014, the BC Court of Appeal has overturned this wrongly decided waiver of personal injury case (Niedermeyer v. Charlton,2014 BCCA 165). Therefore the following principles no longer apply, unless changed by the Supreme Court of Canada or by statute. As of Signing a release and waiver of liability…

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Settlement of Personal Injury Claim- “Urgency” for MRI Costs New Test?

This was an assessment of the costs  following the settlement of personal injury litigation. The only issue was the $2,000.00 cost of an  MRI of cervical and lumbar spine done privately.(Kumanan v. Achim,2013 BCSC 1867) The injury claimant was in a motor vehicle accident  sustained soft tissue injuries.  Despite two treating doctors recommending an MRI,…

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The Value of Life: A Personal Injury Lawyer’s Existential Reflections

The British Columbia Court of Appeal provided a rare existential perspective commenting on the value of human life this week in the right to die case of Carter v. Canada (Attorney General)2013 BCCA 435. For personal injury lawyers this reaffirms the dignity and respect for life that is the backbone of injury claim compensation. As the…

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