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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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May 2016

Early Retirement Loss Awarded to 38 Year old with no Lost Income

This case affirms, despite what ICBC says to claimants without lawyers, an award for loss of future earning capacity is available in soft tissue injury cases in which claimants have suffered little or no loss of income: Hu v. Tan,2016 BCSC 908. The Supreme Court was convinced this personal injury claimant would not have considered retiring early had it not…

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Elderly Injury Claimant Awarded $50,000 for Pain and Suffering

Age is a factor for compensation for older and retired adults after a motor vehicle injury and is considered in today’s personal injury case: Bardua v. Han, 2016 BCSC 861.  As it relates to compensation for pain and suffering for retired individuals  Judge Griffin  famously stated: [88] The retirement years are special years for they are at a time…

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ICBC Required to Pay Lost Wages for Delayed Total Disability

The Court of Appeal has done away with any legal basis for ICBC’s policy of denying disability benefits when total disability arises beyond the first 104 weeks  of a car accident(Symons v. Insurance Corporation of British Columbia,2016 BCCA 207 ). Long term disability benefits for personal injury claims must now be paid for future periods of…

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$740,000 Award in Low Velocity Injury Case and Dr. Koch Discredited

This personal injury claimant was awarded over $700,000 after ICBC failed to take her injuries seriously following six “minimal damage”, also called by ICBC “low velocity”, motor vehicle accidents. ICBC relied on Dr. William Koch, a registered psychologist in B.C. to argue that the claimant had pre-existing psychological disorders not related to the car accidents. Dr. Koch…

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Personal Health Information for All British Columbian’s Disclosed to Tobacco Company

Personal Injury lawyers should know that the Court of Appeal has allowed the Information and Privacy Commissioner of British Columbia to challenge an order that allows the tobacco company Philip Morris International Inc. access to a number of government databases containing personal healthcare information. The central issue on appeal will be whether the chambers judge erred in not…

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Personal Health Information for All British Columbian's Disclosed to Tobacco Company

Personal Injury lawyers should know that the Court of Appeal has allowed the Information and Privacy Commissioner of British Columbia to challenge an order that allows the tobacco company Philip Morris International Inc. access to a number of government databases containing personal healthcare information. The central issue on appeal will be whether the chambers judge erred in not…

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Use of medical Marijuana Not in best interest of Claimant

This injury claimant was awarded $50,000 for pain and suffering but her claim for medical Marijuana of 3 grams a day in cream form for a period of two years at a cost of between $21,900 and $32,850 was totally dismissed (G. v. Ahn, 2016 BCSC 795). The claimant was injured in a motor vehicle accident which occurred at the intersection of…

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ICBC Beats Settlement Offer but Full Costs Still Awarded to Claimant

What happens if a claimant does not accept an ICBC offer and the court awards less than the amount offered? Are you forced to accept whatever ICBC offers? Is it a factor that ICBC is a big fish in the small pond of personal injury? Today’s ICBC offer to settle case shows that not accepting an offer…

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Test for Junk Science in ICBC Personal Injury Cases

If ICBC hires a doctor to examine a claimant,  the denial of the claim may be based on “junk science” and therefore can be challenged. Novelty is a measure of reliability which must be balanced against its effect on the mind of the trier of fact. The concept of ‘novel’ is used to distinguish evidence that…

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