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.

Car Accident Claimant not Required to Attend ICBC Functional Capacity Evaluation

In this ICBC work assessment  personal injury case (Jackson v. Yusishen,2013 BCSC 1522) the defendant requested and was denied further physical examination of the injury claimant in order to respond to a functional capacity evaluation and cost of care report prepared by the claimants expert. Judge Barrow found that is was not necessary to order a…

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Reasonable Settlement Offer not Accepted but Double Costs Unfair to Personal Injury Claimant

The claimant in this reasonable offer personal injury case(Gulbrandsen v. Mohr,2013 BCSC 1481) was a passenger in a car accident.  The Judge accepted the claimant was injured in the accident awarding her $28,000.0  in damages, but  found that she was not a trustworthy witness. Her evidence about lost time at work was vague and she had…

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Settlement of Personal Injury Claim 7 Months Before Trial Results in Full Pre-Trial Costs to Claimant

Getting an award for  legal costs in car accident personal injury cases just got easier in British Columbia. At issue in this  ICBC out of court settlement case(Christen v. McKenzie,2013 BCSC 1317) was whether the claimant was entitled to the full amount of $6,500 attributed to preparation under Rule 15-1(15)(a) of the Civil Rules ($8,000 total…

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Filing for Personal Injury Compensation- How to Make an Injury Claim

British Columbia personal injury claims are different than anywhere else in the world for two mains reasons: 1. The creation of the  Insurance Corporation of British Columbia, ICBC, and 2.  the limited access to private healthcare. In Canada less than 30% out of the 2.29 million people injured annually go to a hospital emergency room…

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Psychologist in Brain Injury Claim Ordered to Disclose Neuropsychological Assessment Records

Lawyers for ICBC Gain access to Raw Test Data Despite the Directives of the College of Psychologists of BC After suffering a brain injury in a motor vehicle accident, will the Court Order the psychologist to copy records to ICBC? As a Personal Injury Lawyer in British Columbia since 1995 I have had to hire registered psychologist…

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New Settlement Rule for Promoting Out of Court Settlements in Civil Cases

In this ground breaking out of court money settlement case(Sable Offshore Energy Inc. v. Ameron International Corp.,2013 SCC 37) the Supreme Court of Canada has established that since a negotiated amount is a key component  of successful negotiations, reflecting the admissions, offers, and compromises made in the course of negotiations, it  is protected by settlement…

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Pub Blamed for Quadriplegia after a Car Accident- Court Increases Liability to 20%

In this pub owner serves excessive alcohol case(Hansen v. Sulyma, 2013 BCCA 349), the injury claimant was left a quadriplegic as the result of a car accident at Blubber Bay Road on Texada Island. She was seated as a passenger in a vehicle stopped on the shoulder of the road when the impaired defendant, having…

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HurtBC Personal Injury Lawyers Always Working for Injury Claimants

After being injured in a car accident or fall and before you sign a statement for ICBC or give the insurance company permission to communicate with medical professionals and employers, consider getting professional advice.  About 1200 people a day are injured in British Columbia and over 25 of those are permanently disabled as a result…

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Word of Mouth Best Way to Find Lawyer for a Personal Injury Claim -The New Reality

If you are fortunate enough to trust someone you know to recommend a personal injury lawyer you probably don’t need to read this article. Thankfully my services are rarely needed as a personal injury lawyer because car accidents in BC do not happen often.  The fact that so few require my services means that word of…

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Your Required ICBC Statement after an Accident-Tips for the Insurance Report

The answer is  NO  a  signed statement is not required after a car accident when applying for accident benefits from the Insurance Corporation of British Columbia, ICBC.  You are required to give a written report not a signed statement. As a personal injury lawyer in BC since 1995 I refuse to let my clients sign unnecessary…

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