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 Claim Process- Injured in a Car Accident and Back to School/Work

For the  injured driver, pedestrian, cyclist or passenger looking to hire a lawyer, remember  case deadlines in the ICBC claim process are not suspended during the period that you do not have a lawyer. Dealing with an insurance company like ICBC is part of my job as a personal injury lawyer so let’s just say…

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Ignorant of Your Personal Injury Rights? The Serious side of Ignolegitis

I have been a Personal Injury Lawyer in British Columbia since 1995 and am witness to the profound lack of legal knowledge in our community respecting basic civil rights in cases of personal injury. Every legitimate personal injury claimant deserves proper legal advice if they’ve been hurt in BC. However, with the creation of the Insurance…

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Injured Cyclist Wins and Driver Admonished for Inadequate Application Materials

This Fast Track summary trial bicycle accident case(Dupre v. Patterson,2013 BCSC 1561) occurred near Walnut Street and Cornwall Avenue in Vancouver.  A vehicle turned right onto Cornwall from Cypress and knocked the claimant off her bike . The Judge delivered a knock our blow finding that the driver was completely at fault. The court also…

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Meet ICBC Personal Injury Lawyers to Obtain Legal Advice after a Car Accident

Don’t know where to find real ICBC personal injury lawyers? ICBC stands for The Insurance Corporation of British Columbia and lawyers that help injury claimants make claims with ICBC are often referred to as ICBC injury lawyers. Most of these lawyers do not actually work for ICBC and will actually advocate on behalf of the…

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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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