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.
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)…
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…
Personal injury lawyers in Vancouver give notice of accidents and report motor vehicle crashes to the Insurance Corporation of British Columbia, ICBC on behalf of clients. However, whether you have a lawyer or not, a statement following an accident does not have to be signed, but as set out in the legislation you will have…
The claimant was injured when he fell while riding a bus. We reviewed the trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s application to recover two thirds of the costs of the personal injury…
A personal injury class action lawsuit was settled by agreement regarding British Columbia residents who were infected with the Hepatitis C virus by transfusion of blood from the Canadian blood supply before January 1, 1986 and from July 2, 1990 to September 28, 1998, and their family members and estates. The settlement agreement was approved by…
Good news for personal injury claimants in Victoria, Vancouver and the rest of the Province. If a personal injury case in British Columbia is filed under Fast Track , the Civil Rules limit the under oath examination of the claimant to two hours. The following case of (Henneberry v. Humber, 2014 BCSC 1133 ) stands for the…
After settlement of a personal injury case with ICBC the last thing an injury claimant expects is another fight over the costs of the case. Well, currently the Insurance Corporation of British Columbia, ICBC, seems to be welcoming settlement with an iron fist by fighting costs after settlement. In the personal injury case of Gray v. Kohnert,2014…
Anonymity is a feature of much Internet activity and is the foundation of a privacy interest that engages constitutional protection against things like unreasonable search (R. v. Spencer, 2014 SCC 43 ). However, claims for pain and suffering following a car accident require ICBC and other injury claimants to disclose the details of their loss, therefore, some…
In a stunning decision the BC Court of Appeal ordered a new trial after this personal injury claim was wrongly dismissed(Miller v. Dent, 2014 BCCA 234). The trial judge failed to determine whether the traffic light was green, red or yellow at the material time and therefore the Court of Appeal found that it was wrong…
A family doctor or specialist involved an in ICBC or other personal injury claim is often much less prepared for court than many personal injury clients expect. There are many factors to consider when finding a physician including experience, location, local resources, and the like. However, an understanding of their duty to the Court will…