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.
This stunning and important Court of Appeal decision increased a loss of future earning capacity award making it easier to predict court awards in personal injury cases(Jurczak v. Mauro,2013 BCCA 507). Changing the tide following Perren v. Lalari, 2010 BCCA 140 the Court of Appeal appears to be embracing a more practical, mathematical and predictable approach…
Need for a Personal Injury Lawyer- Luxury or Necessity? Why hire a personal injury lawyer when ICBC has agreed to pay accident benefits? My answer to this question may surprise even my legal colleagues out there. I have been a personal injury lawyer in Vancouver since 1995 and when is comes to ICBC claims I have noticed…
In this car accident medical exam case(Rathgeber v. Freeman,2013 BCSC 2117) the personal injury claimant was spared having to attend a second medical examination after the Court found that the first ICBC medical Examination put the defendant on an equal footing. The personal injury claimant alleged that, as a result of the car accident he suffered…
In Vancouver a leashed pit bull was left dead this Wednesday after a man with an off leash dog pulled out a knife, apparently stabbing the Pit Bull several times to death. The man appeared to be motivated by the fact the Pit Bull had bit his dog, which was not on a leash. The…
Personal injury claimants need to mindful of the civil disclosure requirements over confidential documents when starting a lawsuit in British Columbia. However , the Insurance Corporation of British Columbia may well be provided with special treatment as explained in this, ICBC keeps documents from public case(Insurance Corporation of British Columbia v. Automotive Retailers Association,2013 BCSC 2062).…
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…
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…
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.…
Offers to settle and settlement discussions in a civil case cannot generally be used as evidence at trial and are considered without prejudice, even when dealing with ICBC. This rule was created to provide protection to litigants that try to resolve disputes and is referred to as settlement privilege. In this email settlement offer case (Mayer…
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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