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"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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Human Body in a Lawsuit

ICBC Helped by Dumbing of the Courts

The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes. The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC,…

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Common Slip and Fall Injuries

Frequency of Falling Injuries Slip and falls account for 32% of all reported emergency room visits in Canada. This, according to Canadian Institute for Health Information (CIHI). Slip and fall lawyers, the most common type of falls resulting in injury were slipping, tripping and stumbling. Hip fracture was the most common injury, responsible for almost…

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ICBC Minor Damage Defence Fails

This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common…

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Suing the Driverless Car

Canadians are starting to purchase vehicles that claim to reduce the burden of driving. Tesla claims to be selling, for example, vehicles with “full self-driving capability”. In addition, Tesla claims the Model 3 will recognize and respond to traffic lights and stop signs providing automatic driving on city streets. In the small print Tesla, However,…

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ICBC Given Special Legal Status to Prevent use of Expert Reports

On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…

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Occupational Medicine Expert Report Inadmissible in Jury Trial

The claimant was a pedestrian injured in a car accident. She hired a medical doctor specializing in occupational medicine to assist at the personal injury trial. In that capacity, Dr. B. was qualified as an expert “capable of providing expert opinion evidence with respect to the diagnosis, prognosis, rehabilitation, and functional and occupational, vocational and…

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Province Liable for $150,000 Sexual Assault Pain and Suffering Award

This injury claimant was sexually assaulted while on a tour of Oakalla prison in the late 1970s. He sought damages from a corrections officer and the Province of British Columbia. The essence of the claim was that as part of a probationary term the claimant was required to go on a tour of the jail. The corrections…

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Running Pedestrian with Hoody and Headphones 80% to Blame for Injuries

The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 BCCA 442) The accident occurred at the intersection of Mount View Avenue and Sooke Road…

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No Claim for the Family After a Car Accident says Judge

During the opening statement to a jury in a personal injury case the defence made several objections. After the jury left the courtroom, no less than 5 objections to the opening were made to the judge. All objections were essentially dismissed except one, which resulted in additional instructions being made by the Judge to the jury.…

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Medical Examinations to Promote Equality in Civil Lawsuits

In this exceptional  case, the Court of Appeal reviewed,but did not weaken, the requirement to attend medical examinations in personal injury civil cases. This decision will not affect claimant requirements to attend ICBC medical examinatons for accident benefits. ICBC has a unique set of laws that govern their conduct differently than other parties to a…

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