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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 2014

“Unusual Danger” in Personal Injury Liability Eliminated

Many slip and fall personal injury claims in British Columbia have been successful because the judge determined that the owner of a property had created an unusual danger. However with the introduction of the Occupier liability Act the common law concept as of “unusual danger” began to lose meaning and in Agar v. Weber, 2014 BCCA…

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"Unusual Danger" in Personal Injury Liability Eliminated

Many slip and fall personal injury claims in British Columbia have been successful because the judge determined that the owner of a property had created an unusual danger. However with the introduction of the Occupier liability Act the common law concept as of “unusual danger” began to lose meaning and in Agar v. Weber, 2014 BCCA…

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Business Losses after Car Accident- ICBC vs. WCB

In this somewhat successful appeal, the BC Court of Appeal makes it clear that a car accident claimant, despite being a worker and being injured by a worker, is not statute-barred from maintaining an action for business-related losses that do not relate to personal injuries(Singh v. Sopper,2014 BCCA 243). The case involved a  motor vehicle…

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Teens and Youth Personal Injury Claims Concussion Guidelines

Help for children, youth and teenagers suffering from concussion and mild traumatic brain injury following a car accident just got easier.  Concussion guidelines have been established for every adolescent aged 5 to 18 years who have or may have sustained concussions. Ontario is now ahead of British Columbia, including ICBC, in providing guidelines for managing and…

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ICBC Medical Examinations Change for Accident Injury Litigation

When a person is injured in a motor vehicle accident and has already attended a medical  assessment set up by the Insurance Corporation of British Columbia, ICBC, does ICBC have a further right to require the claimant to attend  more medical assessments in the personal injury lawsuit against the other driver? Supreme Court Civil Rule 7-6(2)…

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ICBC Rejects $200,000 Offer After Judicial Settlement Conference

This is a review of an award of double costs against an ICBC insured for failure to accept a reasonable offer of settlement( J.D. v. Chandra,2014 BCSC 1272) . This successful personal injury claimant offered to settle her ICBC case for $200,000 after attending a Judicial Settlement Conference.  The Insurance Corporation of British Columbia, ICBC, rejected the…

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Making an ICBC Statement- Why How and When to Sign

Personal injury lawyers in Vancouver  give notice of accidents and report motor vehicle crashes to the Insurance Corporation of British Columbia, ICBC on behalf of clients. However, whether you have a lawyer or not, a statement following an accident does not have to be signed, but as set out in the legislation you will have…

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Offer to Settle Upheld Against Injured Bus Passenger

The claimant was injured when he fell while riding a bus.  We reviewed the  trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s  application to recover two thirds of the costs of the personal injury…

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Settlement Agreement Applies to Only Tainted Blood Recipients

A  personal injury class action lawsuit was settled by agreement regarding British Columbia residents who were infected with the Hepatitis C virus by transfusion of blood from the Canadian blood supply before January 1, 1986 and from July 2, 1990 to September 28, 1998, and their family members and estates. The settlement agreement was approved by…

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