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.

Injury Claimant Not required to Attend Insurance Company Medical Examination

In many ICBC personal injury cases the Insurance Corporation of British Columbia will instruct their lawyers to send claimants for medical assessments. However, in this medical examination denied case (Turnbull v. Yarmohammadi, 2 BCSC 287) the court refused to order the claimant to attend a defence medical examination with a neurologist.  Master Baker pointed out, [18]  To…

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How to Make a Hit and Run Personal Injury Claim with ICBC

The Insurance Corporation of British Columbia controls a fund for personal injury victims injured by at fault hit and run drivers. Without this unique coverage, a person injured by an unknown driver would have no way of getting compensation for the losses due to the negligence of the other driver. There are strict reporting requirements under…

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Boy Loses Personal Injury Claim For Second Time in Bicycle Accident Case

In this infant personal injury claim a six year old boy riding his bicycle (McIlvenna v. Viebig, 2012 BCSC 218) was injured in a car crash with a motor vehicle.  The car accident occurred  near an uncontrolled T-intersection where a road that runs along the west side of the Tsawwassen Town Centre Mall  intersects with Library Road in Delta, British Columbia.   The young…

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ICBC Adjuster Required to Produce notes and Investigation Report in Car Accident Injury Case

This was an application for production of ICBC documents in a car accident injury case(Bako v. Gray,2012 BCSC 204). The injury claimant applied for production of various documents which had been listed by the defendant in Part 4 of his List of Documents subject to a claim of litigation privilege.     The injury claimant  alleged that the ICBC…

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Car Accident Fibromyalgia Award of $125,000.00 for Pain and Suffering upheld on Appeal

This appeal concerned the amount  awarded as a result of two motor vehicle accidents that occurred in quick succession(Morlan v. Barrett, 2012 BCCA 66) . The first accident was a head-on collision. After that collision, the claimant got  out of her vehicle to speak with the other driver.  A few minutes later, she returned to her vehicle…

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Severe Brain Injured Car Accident Claimant has $2.9 Million Award Reduced by $350,000 on Appeal

The injury claimant was seriously injured in a motor vehicle accident when a tractor-trailer struck and crushed her Volvo inside the Massey Tunnel near Delta, B.C.  She suffered extensive injuries including a severe brain injury(O’Connell v. Yung,2012 BCCA 57). The trial judge awarded more than $2.9 million in this personal injury case and ICBC, as the insurer…

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Claimant Awarded Aggravated and Punitive Damages arising from Employers Misconduct

The claimant was employed as a store manager at the 28th & Main liquor store in Vancouver operated by the Liquor Distribution Branch (the “LDB”) and had worked for LDB for over 30 years. Another employee made a written complaint about the claimant and the LDB terminated the claimant’s employment without notice. The claimant won her lawsuit that…

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Car Accident Injury Claimant’s Psoriasis and Psoriatic Arthritis Aggravated by the trauma and stress

The injury claimant was a 32-year-old plumbing apprentice when he was seriously injured  in a head-on collision(Cassells v. Ladolcetta,2012 BCCA 27). The claimant was driving his car in the westbound centre lane of Canada Way, one of Burnaby’s major east-west connectors.  As he approached Canada Way’s uncontrolled intersection with Sprott Avenue, the other driver, intending to turn…

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Personal Injury Lawyer Entitled to Interest on Loans and Expenses From Former Client

In this personal injury lawyer bill review case (2011 BCSC 1799) the lawyer filed an appointment for the review of the bills that he had rendered to his former client.  The client was a back seat passenger in a vehicle that was hit from the rear by another vehicle and hired the lawyer to pursue a claim for…

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Car Accident injury Claimant Escapes Dismissal and ICBC gets to Change Admissions

The injury claimant, a pedestrian, was crossing Nelson Avenue in Burnaby, B.C. when her husband was hit by a car(Arsenovski v. Bodin, 2012 BCSC 35).  The claimants husband subsequently reached a settlement with the Insurance Corporation of British Columbia (“ICBC”) for compensation resulting from his injuries. The claimant, although not struck by the motor vehicle, claimed relief for the injuries suffered…

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