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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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August 2011

Car Accident Claimant not Required to Attend Second Medical Exam for Psychiatric Injury

  This is a car accident psychiatric condition personal injury case(De Sousa v. Bradaric and Borthwick, 2011 BCSC 1134) and the court application was about the psychiatric injuries being claimed. The defence requested of the court that the personal injury claimant be required to attend for a second psychiatric defence medcial examination.  In rejecting the request the judge pointed out,  “[15] …

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ICBC needs to Review Injury Claim process in Light of Punitive Damages Award Against a BC Insurer

In this punitive damage award against an insurance company,(Sidhu v. The Wawanesa Mutual Insurance Company,2011 BCSC 1117), a family in Surrey, British Columbia, purchased fire insurance and their home was damaged by an accidental fire. Wawanesa refused to pay them for the loss because they alleged the claimants deliberately started the fire in order to recover the…

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How to Get the Highest Settlement in ICBC Personal Injury Claims

I have been a personal injury lawyer in Vancouver serving injury claimants all throughout  British Columbia since 1995 and have been asked this question about settling ICBC claims many times. I am going to discuss some practical considerations when considering settlement of your ICBC(Insurance Corporation of BC) injury claim. 1.  Does ICBC  have the medical information and opinion in order…

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ICBC not Required to Help Hit and Run Injury Claimant after Car Accident

In a stunning concession by our Supreme Court, the law apparently favours the Insurance Corporation of British Columbia (ICBC) having no legal obligation to inform hit and run injury victims of their legal rights(Morris v. Doe, 2011 BCSC 1053). The injury claimant was injured in a car accident at the intersection of South Fraser Way and Ware…

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Truck Accident Injury Claimant awarded over $1 Million for Traumatic Brain Injury

In this highway truck accident injury claim (Harrington v. Sangha, 2011 BCSC 1035) the at fault driver lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his truck slide across the road as the trailer…

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Personal Injury Appeal Successful, Judge Wrong about Car Accident Not Being Cause of his Disabling Pain

The British Columbia trial judge in this stunning Disc Disease versus whiplash injury case (Farrant v. Laktin,2011 BCCA 336) was found to be wrong after misapprehending the threshold issue of causation as an “either/or” proposition and further erred in failing to consider whether there was a substantial connection between the accident and the injury claimant’s disabling…

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