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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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November 2015

Medical Examination Ordered For Rebuttal Report After 84 Day Deadline

The Court accepted that the Neurologist in this ICBC car accident injury claim needed to perform a physical exam of the claimant in order to properly prepare a report in response to claimant’s medical experts (Ram v. Chhina, 2015 BCSC 2193). This despite the examination taking place only 2 months before the personal injury trial was scheduled to begin. This…

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Settlement Privilege Attached to the Documents Prepared by Previous Lawyer

This was a court application to force a claimant to disclose the details of a prior auto insurance settlement (Gamble v. Brown,2015 BCSC 1873).This lawsuit arose out of a motor vehicle accident which occurred  in Surrey, British Columbia in which there was a claim for injuries and loss suffered by the plaintiff. The matter was set for a…

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Disabled Must Have Litigation Guardian in all Personal Injury Cases

The Court of Appeal grappled with the definition of “person under disability” under the court rules finding that the Rule 20-2  is a “complete code” and does not permit persons under legal disability to bring or defend proceedings in Supreme Court except through a litigation guardian. This claimant raised an “issue of discrimination” referring to the fact that…

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Court Now Allowing Juries for Complex 30 day Personal Injury Trials

The Court of Appeal has effectively eliminated the ability to strike a jury on the grounds of complexity, length and  multiple conflicting medical opinion (Rados v. Pannu,2015 BCCA 459). The claimant was injured in a car accident and applied unsuccessfully to strike a Jury Notice filed by the defendants insurance company for a complicated 2…

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Worker in Car Accident Must Divide Indivisible Injuries

Our Supreme Court Judges have no power to deal with the rights of employees and the liability of employers when car accident personal injuries are suffered in the course of employment, concludes Judge Burnyeat after an extensive review of the law (Pinch v. Hofstee,2015 BCSC 1888). The claimant was injured in two motor vehicle accidents ( MVA#1 and…

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ICBC Lawyer Denied Social Media Vacation Photos In Personal Injury Claim

In this fast track personal injury claim the defendants sought an order for production of various documents and records, including photographs and videos from the claimant’s social media accounts or platform (Wilder v. Munro,2015 BCSC 1983). ICBC has been known to use social media photos against innocent victims of personal injury in an attempt to discredit their injuries. This…

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ICBC Punished for Reprehensible Conduct after Settling Case

Baffled, the Court was forced to award special costs after ICBC settled a personal injury case yet refused to pay costs.  Lawyer Jacqueline Small  obtained $2,000 in special costs and costs thrown away due to ICBC failure to response to a simple Bill of Costs. ICBC’s lawyer had failed to respond to the Bill of Costs…

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ICBC’s Policy of not Informing the Public Accepted by the Court

After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC the circumstances and consequences within 30 days, the ICBC adjuster can remain tight lipped about…

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ICBC's Policy of not Informing the Public Accepted by the Court

After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC the circumstances and consequences within 30 days, the ICBC adjuster can remain tight lipped about…

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