*written by Vic Maan, associate at Holness and Small Law Group In a previous blog post, we discussed certain circumstances where an accepted ICBC settlement offer can be overturned and rejected. The question then is whether you can also reject an accepted offer from a private non-ICBC insurance company relating to medical malpractice injury claims,…
In a previous blog post on assault injuries, a father who directed that his sons attack and assault a 14 year-old classmate with batons was found liable for his indirect role in orchestrating the assault. In Siegerist v. Tilton 2020 BCSC 1235, the trial judge awarded the injured claimant damages for the assault injuries. As…
In a prior blog post, we discussed the current state of ICBC settlements in 2020. Specifically, we outlined ICBC’s settlement policy as encouraged by the NDP which refuses to provide reasonable settlements to injured claimants. When ICBC refuses to reasonably assess claims and to offer legitimate settlements, it unnecessarily forces cases to trial. This…
Sports are a large part of our society. Millions of Canadians have participated in and have been spectators in amateur sports and professional sports. Sport injuries to both participants and spectators are unfortunately common due to the inherent risks of the game. Participants are deemed to accept the inherent risks of a sport injury if…
Often, the most common types of personal injury claims involving ICBC accidents, slip and fall accidents and private property accidents will include damages for: pain and suffering lost income future care costs special damages (reimbursement of out of pocket expenses). Another type of claim that is available to injured claimants is for loss of…
If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC. This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you. ICBC adjusters have a significant…
What is the BC Building Code? The British Columbia Building Code governs how new construction, building alterations, repairs and demolitions are completed throughout our province. It establishes minimum requirements for safety, health, accessibility, fire and structural protection of buildings and energy and water efficiency. It applies throughout the province except for some federal lands…
If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC. The law in British Columbia requires you to take certain steps to identify the driver who fled the scene. If these steps are not taken, then…
The civil unrest in the US continues in the wake of public anger and backlash over the murder of George Floyd due to unreasonable police force in kneeling on his neck for several minutes. From a legal standpoint, it is anticipated that the police will rely on a defence known as “qualified immunity” which protects…
In British Columbia, there are numerous lawyers and law firms who work for ICBC as defence counsel. They advocate for ICBC and they work to protect ICBC from personal injury claims by reducing claims. To reduce claims, often an injured claimants’ credibility and their medical team are attacked. A staggering number of lawyers who work…