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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June 2011

ICBC Injury Claimant Gets to Have Employer Appear In Court by Video Conferencing

In this Kelowna car accident case ICBC requested a video deposition of a past employer of the injury claimant.(Seder v. Insurance Corporation of British Columbia,2011 BCSC 823).  The personal injury claimant alleged that she suffered both physical and psychological injuries from a car accident  resulting in damages including loss of earnings.  At the time of the court…

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ICBC Injury Adjuster Denied Request to Attend Court By Phone in Place of His Lawyer

In this ICBC adjuster personal injury case( Luis v. Haw,2011 BCSC 815) the Insurance Corporation of British Columbia made a most bizarre request that the ICBC bodily injury adjuster attend at a mandatory trial management conference in place of the ICBC lawyer by phone.  This application was firmly dismissed by the Supreme Court requiring comment of the…

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Accident Injury Claims in Vancouver Lead to $201,000 Award for Loss of Mortgage Business

In this two car accident  low back personal injury lawsuit(Doho v. Melnikova,2011 BCSC 703) the main issues that led this ICBC case to not settle were: loss of opportunity to earn past income; reduction of  the injury claimant’s future earning capacity; ICBCs’ allegation that the claimant  failed to mitigate his loss; and the ICBC claim that the injuries did not impact the claimant’s earning capacity. ICBC admitted fault…

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Personal Injury at School,not Parent, Found to be Cause of Mental Disorder

In this Psychiatric personal injury claim (Hussack v. Chilliwack School District No. 33, 2011 BCCA 258) the 13 year old  injury claimant was hit in the face with a field hockey stick while playing the game at school.  He suffered a concussion which developed into a serious psychiatric illness called somatoform disorder.  This disorder has left him…

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Injury Benefits Lawsuit Severed from Claim of Bad Faith- Apply to ICBC Accident Benefits?

In this chronic low back pain disability claim (Brennand v. Sun Life Assurance Company of Canada, 2011 BCSC 759)  Sun Life issued a group policy of insurance to Telus Corporation in which Sun Life agreed to provide group long-term disability benefits  for eligible Telus employees. The insurance claimant went off work as a customer service representative with Telus…

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Slip and Fall Personal Injury Upheld Due to Poor Maintenance Program

In this slip on ice personal injury case appeal (Foley v. Imperial Oil Limited,2011 BCCA 262) the injury claimant was injured at a car wash at an Esso service station in North Vancouver, British Columbia. the injury claimant  slipped on a small patch of ice near the car wash and fell backwards hitting his head and suffering a serious…

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Car Accident Claimant Awarded Legal Fees Despite Low Personal Injury Award

  In British Columbia car accident injury claimants that bring their lawsuit in Small Claims Court are not entitled to a contribution toward their legal fee even if they win the case. If an award for a personal injury is less than $25,000.00 the Supreme Court will not award a  contribution toward  legal fee unless the…

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How to File an ICBC Car Accident Injury Claim: Collecting Money for Your Personal Injury

As a personal injury lawyer in Vancouver since 1995 I have been asked by Insurance Corporation of British Columbia (ICBC) injury claimants to best articulate  the most common ways to obtain compensation from the driver that is responsible for the car accident.  In this article I will review some of the top ways that personal injury…

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Severely Brain Damaged Infant Loses Injury Claim Against Doctor

In this unfortunate medical malpractice infant case (Ediger v. Johnston,2011 BCCA 253) the trial judge initially found that the surgeon had breached the standard of care and failed to obtain the injury claimant’s informed consent to the procedure, but the Court of Appeal disagreed and dismissed the claim. The surgeon successfully appealed on the issue of causation claiming that he did nothing…

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