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.

Loss of Earning Capacity Award Upheld in Winning Car Accident Injury Case

This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable measure of the value of the loss of capacity to earn income, this is not…

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“But for” Test in Motor Vehicle Accident Cases Beefed-Up By Supreme Court of Canada

In this legal causation personal injury case, (Clements v. Clements, 2012 SCC 32) the Supreme Court of Canada  has done its best to clarify for lawyers and claimants when the “but for” causation test can be replaced by the material contribution to risk test in car accident injury cases stating:   “[46]  The foregoing discussion leads me to the…

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Information about Making an ICBC Injury Claim

Making a personal injury claim after a car accident in British Columbia can be, at best, confusing because there is usually more than one claim to be made with the Insurance Corporation of British Columbia, ICBC, and others. In addition to personal injury claims, you also have other potential claims such as collision coverage claims, private…

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Claimant with Lawyer Wins Personal Injury Case and gets Legal Fees Paid

In this Fast track three month personal injury case(Johnson v. Keats,2012 BCSC 751) the claimant was  rear-ended during rush‑hour traffic on Hastings Street in Burnaby, British Columbia. The claimant was in stop and go  traffic in a stretch of Hastings Street which had multiple traffic lanes. There was only $560.00 damage to the claimants vehicle but he claimed neck,…

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Claimant Without Lawyer Ordered to Pay Legal Fees of Winning Party

The Court found that this self-represented claimant was not injured in the car accident(Pearlman v. Critchley,2012 BCSC 921) and his lawsuit pleadings were oppressive and designed to cause anxiety, trouble and expense to the other side. The action was also found to have been brought for an improper purpose, particularly the “harassment and oppression of…

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Car Accident Injury Claimant Awarded $125,000 for Persistent Cough arising from Disc Herniation

Immediately following this car accident the injury claimant began to experience a cough that would not go away(Reilander v. Campbell,2011 BCSC 1848). She did not associate it with the car accident and thought it was asthma, although use of  her Ventolin was not working.She visited her family doctors many times, complaining of pain in her…

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$250,000 Personal Injury Award Reduced by 25% Despite Claimant being Rear ended

In this unique factual scenario, the BC Supreme Court found that the car accident, which occurred on King George Highway in Surrey, was caused by a car rear ending the injury claimant. However the injury claimant that was rear ended still faced some responsibility(Stanikzai v. Bola, 2012 BCSC 846) because he failed to see the other driver’s turn…

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Lawyer for Car Accident Injury in British Columbia

I have been a personal injury lawyer in Vancouver serving all of British Columbia, including Langley, Surrey, and the Tri-city areas,  since 1995 and have assisted numerous ICBC injury claimants obtain fair settlements. One of the first questions people ask me at a free legal consultation is how much I charge for legal fees. Legal…

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Surrey Car Accident Injury Claimant Awarded Loss of Earning Capacity despite Inconsistencies

This car accident personal injury claim occurred at  92nd Avenue in Surrey,(Narain v. Gill,2012 BCSC 848) British Columbia when the claimant was hit head on by a minvan. The Insurance Corporation of British Columbia (“ICBC”) did not admit fault, but liability was not contested, and the judge found that the other driver was negligent and caused the accident.…

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Car Accident Injury Claimant Awarded Child Care Costs -Upheld by BC Court of Appeal

This child care costs case (Tsalamandris v. McLeod, 2012 BCCA 239) was an appeal of  a $740,000 award  for loss of future earning capacity and a $135,050 award for cost of future care made at trial for injuries sustained in two motor vehicle accidents.   The appellants admitted fault  for the two car accidents accidents and the trial judge concluded…

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