In our prior blog posts we have discussed informed consent in medical malpractice claims. As established by the Supreme Court of Canada, the key points to informed consent are: The doctor must disclose the nature of the treatment, its gravity, and any associated risks that would want to be known by a reasonable patient. The…
“Dooring” is a term used to describe when a driver or passenger opens a car door unsafely into the path of a cyclist. Dooring can cause serious injuries to cyclists from concussions to broken bones. This is especially true when a cyclist swerves out of the way or collides with the car door causing them…
Earlier this year, we announced a noteworthy trial win against ICBC by Holness and Small Law Group. We are extremely pleased and proud to announce another recent trial win against ICBC for our client. Our 35 year-old client suffered significant life altering injuries in a high speed rear-end motor vehicle accident which occurred in August…
Doctors are placed in a position of trust and confidence when dealing with patients. The relationship between doctor to patient falls into a special category of relationships which are known as fiduciary. Doctors are considered fiduciaries and patients are considered beneficiaries. A doctor’s obligation to act in his/her patient’s best interests is understood as the…
If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income. This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits. If there is disability coverage through your employer, you may be eligible to receive short…
The decision regarding which medical experts should testify at trial is of utmost importance and it can impact the outcome of a trial. This is particularly true for injured claimants who hold the burden in proving their case. If there are multiple and different types of injuries suffered in a motor vehicle accident, then different…
In all medical malpractice claims, the injured claimant has the burden of proving that the doctor was negligent. This involves proving on the balance of probabilities that that the doctor owed a duty of care to his/her patient, that the doctor failed to meet the standard of care expected of him/her and that this negligence…
In the past year, an unusual number of ICBC cases have proceeded to trial. This is in large part due to ICBC’s current tactic of offering unreasonable and low ICBC settlement offers. As a result, numerous trials have been adjourned and postponed because there simply are not enough judges or courtrooms to handle the amount…
In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of compensation for loss of housekeeping capacity is that your ability to…
If your vehicle has been damaged and the cost of repairs is more than $2,000.00 as a result of a motor vehicle accident, then if you choose to sell this vehicle you must declare the accident to the prospective buyer. A damaged/repaired vehicle is considered less valuable with a lower resale value. If your vehicle…