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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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July 2010

At Fault Driver 100% responsible for aggravations of Claimant’s Injury

Bradley v. Groves, 2010 BCCA 361 July 30th, 2010- as we approach British Columbia Day, a  chance to celebrate our achievements, our Court of Appeal has come out with a law altering decision that will assist injury victims involved in multiple car accidents and ICBC injury claims.  What an injury claim is worth will now have…

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At Fault Driver 100% responsible for aggravations of Claimant's Injury

Bradley v. Groves, 2010 BCCA 361 July 30th, 2010- as we approach British Columbia Day, a  chance to celebrate our achievements, our Court of Appeal has come out with a law altering decision that will assist injury victims involved in multiple car accidents and ICBC injury claims.  What an injury claim is worth will now have…

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Older Injury Claimants Still Entitled to Money for Pain and Suffering

July 29, 2010-  ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age.  However, it is inappropriate to discount an  award for pain and suffering due to a car accident simply because of the claimant’s age.  In the case of Ha v. Fritzke  , still good…

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Slip and Fall Victim 75% to Blame for for Her Injury

Hunter v. Anderson, 2010 BCSC 1037 July 28, 2010- The claim in this injury case is  for injuries said to have resulted from slipping and falling on the front stairs to a  rental accommodation in Port Coquitlam.   The claimant received a rent reduction in exchange for her agreement to shovel and clear the outside staircase where she…

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ICBC denied request to have Two Car Accident Cases Heard Together

  Egan v. ICBC, 2010 BCSC 1042 July 27, 2010-  Insurance Corporation of British Columbia (“ICBC”), applied to court  for an order that two car accident injury claims being made by one claimant be heard at the same time. In the ICBC injury claim , the injured claimed damages for personal injuries, including injury to the head, headaches, cognitive…

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Vancouver Police Forced to Pay for Unreasonable Strip Search

Vancouver (City) v. Ward, 2010 SCC 27 July 26, 2010-  On August 1, 2002, Prime Minister Chrétien participated in a ceremony to mark the opening of a gate at the entrance to Vancouver’s Chinatown. During the ceremony, the Vancouver Police Department  received information that an unknown individual intended to throw a pie at the Prime…

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ICBC Refused to Pay Successful Injury Victim But Court Orders ICBC to pay the full amount

Wormell v. Insurance Corp. of British Columbia, 2010 BCSC 1028 July 22, 2010-  The injury claimant obtained a court award of  $570,288.71  for serious personal injuries suffered in an accident. The at fault  ICBC insured owned a large Kenworth flatbed truck with an attached crane. The injury claimant was helping remove cargo when he jumped off…

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Injured Cyclists with no Helmet- Does Wearing a Helmet Really Make a Difference?

Another cyclist was hit by a car  at 8th and Quebec in Vancouver and the  26 year old male was not wearing a helmet and was rushed to hospital with serious injuries. As all cyclist should know it is an offence to operate bicycle without a helmet in British Columbia, even in a bicycle lane.…

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Motorcyclist Found 60% at Fault for injuring a Jaywalking Pedestrain

Walter v. Plummer,2010 BCSC 1017 July 21, 2010- This motor vehicle accident case arising out of an accident between a motorcyclist and a pedestrian. The accident occurred shortly after 3 p.m. when the claimant, who was jaywalking across Rutland Road, was struck by a motorcyclist. It was sunny and the roads were dry. Mr. Walter…

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Injury Claimant Failed to Beat ICBC Offer and Court Orders her to pay over $40,000.00 to ICBC

Smagh v. Bumbrah, 2010 BCSC 988 July 16, 2010- The case arose from a motor vehicle accident in which ICBC admitted their insured was at fault. A process of mediation (settlement meeting) took place but was unsuccessful. The following day, ICBC made a formal offer to settle of $20,000.00 plus taxable costs and disbursements which…

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