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.

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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Pedestrian Without Personal Injury Lawyer 75% at Fault for Accident Injuries

In this no lawyer pedestrian case(Lariviere v. Martins, 2013 BCSC 1751)a vehicle was travelling west on East Hastings Street,around midnight,  approaching the intersection of Jackson and East Hastings when the claimant stepped off the sidewalk on the north side of Hastings Street, with the intent of crossing to the south side. She did so in the…

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Lawyer to Deal with ICBC after a Car Accident

As a personal injury lawyer I have managed, handled and cared  for  hundreds of claims against ICBC due to car accident injuries and I have noticed 3 things that claimants almost always ask- Do I need a lawyer? How much is my case worth? and How much do you cost? All very important questions deserving…

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