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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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March 2012

Car Accident Injury Claimant on Maternity Leave at Trial Awarded over $120,000.00

The injury claimant was injured when the car she was driving was rear-ended by another vehicle(Fell v. Morton,2012 BCSC 428). Fault for the accident was admitted but causation and quantum remained in dispute likely by the insurer ICBC , given that the car accident occurred in British Columbia. The questions were whether the back and neck pain and…

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Settlement Offers Allowed as Evidence at Civil Trial due to Egregious Threats

As a personal injury lawyer in Vancouver since 1995 I have made many without prejudice offers to settle car accident injury claims as well as other personal injury claims. Off the record settlement offers usually have a blanket protection which applies whether or not settlement negotiations succeed. Therefore, these offers cannot usually be used as…

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ICBC Denied Access to Injury Claimant’s Medical Services Plan History Printout in Car Accident Case

The Insurance Corporation of British Columbia in most car accident personal injury claims will try to get the claimant’s Medical Services Plan(MSP) printout. The BC Supreme Court has confirmed again that ICBC is not entitled to the MSP printout in a personal injury case without good reason (Kaladjian v. Jose, 2012 BCSC 357) . This case concerns court applications for production…

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ICBC Denied Access to Injury Claimant's Medical Services Plan History Printout in Car Accident Case

The Insurance Corporation of British Columbia in most car accident personal injury claims will try to get the claimant’s Medical Services Plan(MSP) printout. The BC Supreme Court has confirmed again that ICBC is not entitled to the MSP printout in a personal injury case without good reason (Kaladjian v. Jose, 2012 BCSC 357) . This case concerns court applications for production…

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Personal Injury Award Conflates Legal Causation with Assessment of Damages Says Court Of Appeal

This car accident injury case was sent back for a new trial because the Court of Appeal found that the  trial judge was wrong in reducing the injury claimants award for failure to following medical advice (Wahl v. Sidhu, 2012 BCCA 111). I reviewed the original decision in which the injury claimant was travelling  on 72nd Avenue, in Surrey,…

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Free Legal Advice for your ICBC Personal Injury Claim In Social Media

When getting free legal advice for a car accident, bike collision or pedestrian injury in social media the best lawyers will make it clear if and when you have to start paying legal fees. I have been a personal injury lawyer in British Columbia since 1995 and I have written often about how personal injury lawyers…

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ICBC’s misconduct and Bad Faith in Car Accident Claim Results in Punitive Damage Award

This is a Court award Punishing ICBC  $75,000.00 for Bad Faith (McDonald v. Insurance Corporation of British Columbia, 2012 BCSC 283) after the BC Supreme Court found the Insurance Corporation of British Columbia’s  conduct to be harsh, high-handed and oppressive and a marked departure from the Court’s sense of decency and fair play. The plaintiff was  headed  to Abbotsford along Highway 1…

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