Personal Injury News

"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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May 2017

Large Award for Minor Car Accident due to Medical Condition

This car accident claimant with born with spina bifida, scoliosis and kyphosis. When she was three she had her fibula taken from her left leg and fused into her spine. All her life, she has suffered pain, primarily from the kyphosis. However, she has always managed that pain (Cantwell v. Warren, 2017 BCSC 856). The car accident…

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$212,000 ICBC Injury Settlement Ordered to be Paid by Drunk Driver

The victim of a drunk driving accident settled with ICBC by way of an all-inclusive payment by ICBC in the amount of $212,000.  The drunk driver responsible admitted the settlement was reasonable but denied being drunk and refused to repay ICBC the settlement amount paid to his victim, as is required in such cases of insurance…

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Beating an Offer to Settle includes being Substantially Successful at Trial

In complicated civil litigation there may often be multiple orders of the court, some in favour of a litigant and some against. All the while offers to settle are being exchanged privately. What does it mean by the end of a trial to beat an offer to settle and be “substantially successful”? The Court of Appeal…

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Particulars of Special Damages Required in Civil Case

The lawsuit after a car accident injury usually includes a very general claim for losses such as “injury, loss and damage”. However, the insurance company lawyer can demand more details, what is referred to as “particulars” of your injuries and losses claimed. In today’s article we address whether it is necessary to give ICBC a list…

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Brain injured Rainmaker Described as the Best Lawyer

In this personal injury case a very competent young lawyer was  tragically rendered less capable overall from earning income from all types of employment due to a falling injury resulting in brain injury. She was awarded $5.1 for her loss of earning capacity (click here for full case 2010 BCSC 1111). The judge found that it was highly…

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Personal Injury Lawyer for Highest Population Density in Canada

Living and working in Vancouver as a personal injury lawyer, topping over 21 years, has given me the rich opportunity of representing the most dense urban population in Canada. The complex mix of pedestrian and bike lanes straddling wide multi lane vehicular boulevards is a breeding ground for injury and is where best personal injury lawyers are needed.…

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ICBC Argument for Full Settlement Deduction Blown Apart

A sprinkling of true judicial magic was used to arrive at a fair award in this multiple injury case. This was a complicated personal injury case arising from three car accidents wherein the injury claimant settled the second of the three claims with the Minister of Justice but could not reach settlement with Insurance Corporation of…

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$40,000 Awarded for Loss of Homemaking Capacity

This is a personal injury case arising out a car accident which occurred on Howes Street in New Westminster. As the claimant entered an intersection on a green light another vehicle suddenly turned in front of her causing a collision. Loss of the ability to do work within the home is compensable as a loss of…

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Business Pays for Poor Staff Training in Slip and Fall Case

This “slip and fall” personal injury claim was brought after a customer of the Chopped Leaf Restaurant in Kelowna slipped on an unknown food item (Robinson v. 1390709 Alberta Ltd.,2017 BCCA 175). The Court of Appeal has confirmed two important elements in establishing negligence in slip and fall cases: It is not good enough for a business…

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Loss of Use in Auto Accident Claims Clarified by the Court of Appeal

This appeal from a $15,000 award as compensation for loss of use of his Ferrari resulting from the respondent car dealership’s negligence was dismissed. The court has updated and clarified the law that applies when a claimant loses the use of a vehicle, especially if the vehicle would be used to make profit, such as a work…

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