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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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January 2015

Car Accident Victim Denied Cost of Marihuana to Treat Pain

After a car accident in British Columbia the cost of care awarded by the court can include  medical marihuana. However, in the following personal injury case there was not enough evidence to make the connection between the car accident injuries and the need to smoke pot(2015 BCSC 57). This case also gives an excellent checklist for…

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Double Costs for not accepting Offer Unfair to the Injured

This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30).  The important issue in this BC Court of Appeal case was the availability of double costs…

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ICBC Injury Claims include Cost of Functional Capacity and Cost of Care Reports

The Insurance Corporation of BC, ICBC,  seems to have adopted the practice of settling ICBC claims and then fighting the claimant’s necessary and reasonable litigation expenses after settlement. However, the following ICBC injury claim stands for the proposition that claimants have a duty to ensure that all areas of the injury claim are supported with…

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Injury Claimant Beat Offer to Settle But no Double Costs

In this personal injury case the Claimant made an offer to settle which was rejected by ICBC (the Insurance Corporation of British Columbia). He proceeding to trial and beat his offer by $920. However the Judge was not satisfied that the claimant’s formal offer was one that ICBC ought reasonably to have accepted (Saopaseuth v.…

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7 day notice of Offer to Settle in Personal Injury Case not Required

In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of conversion disorder. The court awarded the claimant $2,735,818.16 for injuries received as a result of…

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Auto Injury Claim Dismissed due to Lack of Care

The Court of Appeal has upheld the dismissal of this personal injury lawsuit as the claimant entered the intersection imprudently without care and attention and at a time when the  other vehicle constituted a threat of collision (Jones v. Treloar, 2014 BCCA 492). The claimant was driving his motorcycle at Georgia Street and  Broughton Street in Vancouver…

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Car Accident Settlement – Costs Same Proportion as Liability

Once a claim for personal injury is settled there is often post settlement negotiations to award the reasonable case costs. This post settlement negotiation can have a dramatic impact on the money a claimant gets in their pocket after fees, expenses and taxes. In this personal injury case the defendants served the claimant with an…

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