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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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June 2014

ICBC Position on Costs Provokes Court Comment

After settlement of a personal injury case with ICBC  the last thing an injury claimant expects is another fight over the costs of the case. Well, currently the Insurance Corporation of British Columbia, ICBC, seems to be welcoming settlement with an iron fist by fighting costs after settlement.  In the personal injury case of Gray v. Kohnert,2014…

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Pain and Suffering Claims for Loss of Online Anonymity

Anonymity is a feature of much Internet activity and is the foundation of a privacy interest that engages constitutional protection against things like unreasonable search (R. v. Spencer, 2014 SCC 43 ). However, claims for pain and suffering following a car accident require ICBC and other injury claimants to disclose the details of their loss, therefore, some…

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Physicians to Testify in ICBC Claims Must Understand Duty to Court

A family doctor or specialist involved an in ICBC or other personal injury claim is often much less prepared for court than many personal injury clients expect. There are many factors to consider when finding a physician including experience, location, local resources, and the like. However, an understanding of their duty to the Court will…

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ICBC Offer to Settle of $450,000 Reasonable for Injury Claim

This car accident injury claimant was offered $450,000 to settle his settle her personal injury claim against ICBC and its insured(Brewster v. Li,2014 BCSC 463). When the offer was refused the case proceeded to a Supreme Court trial and after 9 days she was awarded $418,500, over $30,000 lower than the ICBC Offer. The Judge…

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Injured Police Officer Entitled to Disregard Rules of the Road

When you are privileged you do not have to follow the rules of the road. This unanimous and successful appeal confirms that there is little room to find a  police officer negligent for a car accident which results from the officer responding to a vehicle travelling at such an excessive speed (Maddex v. Sigouin, 2014 BCCA…

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$400,000 Loss of Earning Capacity Award Plucked from Thin Air

An award for personal injury losses requires a trial judge, orally or in writing, to provide adequate reasons justifying the award. However this was not done in the following case, illustrating the real prejudice inadequate reasons can pose to innocent personal injury claimants. The injury claimant, riding as a front seat passenger had her feet hanging…

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Traumatic Brain Injury Results in $2.5 Million Award for Teenager

This Car accident brain injury award for an 18 year old passenger (Hermanson v. Durkee, 2014 BCSC 877) arose from a single vehicle accident on a forest road in British Columbia. The vehicle left the road  which resulting  in the ICBC claimant suffering a severe traumatic brain injury and ruptured spleen. Because of the location of the motor vehicle accident there…

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