In Zhang v. 328633 BC Ltd. 2020 BCSC 1521, the injured claimant sought damages for injuries she suffered in 2 motor vehicle accidents. In the first motor vehicle accident, she was rear-ended and ICBC admitted fault. In the second motor vehicle accident, she was a passenger in a transit bus. An unidentified driver tried to…
As discussed in prior blog posts, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. If this does not occur, then the court may refuse to take into consideration the opinion of the ICBC expert because it is considered faulty or unreliable. In Davidson v.…
In a recent blog post, we discussed the impact an injured claimant’s lack of credibility had in the dismissal of his ICBC hit and run claim at trial. Jacqueline Small, a partner with Holness and Small Law Group, was interviewed by Canadian Magazine on this ICBC credibility case. Credibility is always a paramount consideration in all…
As discussed in a prior blog post, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. Furthermore, all medical experts are to disclose all facts, assumptions and research as part of their expert file which formed the basis of their opinion. In Barn v. Bird…
ICBC injury claimants need to be prepared during the Pandemic to have their trial canceled or rebooked due to Covid-19 related issues. If this happens, a money advance can be requested from the judge. As a personal injury lawyer I have had an ICBC injury trial adjourn because the ICBC lawyer fell ill during Covid-19.…
Previously in the last few months, we announced 2 trial wins against ICBC on behalf of our clients. We are very pleased and proud to announce another win for our client at trial against ICBC. Our client was 31 years-old who suffered chronic soft tissue injuries and depression as a result of 2 motor vehicle…
In previous blog posts, we discussed recent cases where damages were awarded for assault injuries. In Simpson v. Tiechrieb 2021 BCSC 2010, the 18 year-old injured claimant was severely and savagely beaten with a baseball bat by the defendant after he stumbled into his yard in the early morning hours after a high school graduation…
In our previous blog post about ICBC Wrongful Death Claims and Medical Malpractice Wrongful Death Claims, we focused on the Family Compensation Act that governs these types of claims. In this article, we focus on Wrongful Death claims that have proceeded to trial. In Roberts v Morgan, 2019 BCSC 2313, the surviving spouse and son of…
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…
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…