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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 2017

Drunk Pedestrian Looking for a Fight Only 40% at Fault for Being Run Over

This intoxicated pedestrian, Mr. Joel Robert Michael Ackley, made fun of a driver’s dreadlocks and removed his shirt while waiting for the driver to emerge from the Subway (Ackley v. Audette,2015 BCSC 1272). As the driver tried to leave the parking lot Mr. Ackley tried to prevent him from getting into his car. When the driver got into his…

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Lawyer to Negotiate Settlement with ICBC

Negotiating for settlement or for injury benefits after a car accident can be daunting if you have never had a personal injury claim before. Even the most seasoned lawyers will refer ICBC claimants to an experienced personal injury lawyer if this is not their field. These experienced personal injury lawyers are worth their weight in gold and…

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ICBC Injury Claimant Awarded Costs Despite Dismissal of Claim

In a stunning act of judicial deference this keen use of the broad discretion to award costs has allowed a personal injury claimant to recovery the legal costs of a claim despite dismissal of the action. The claimant was involved in two car accidents about 3 years apart. In the first accident the defendant admitting fault and the…

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Test for Mental Injury the Same in Contract as Tort

  Personal injury lawyers should know this wrongful dismissal contract case, as the employer successfully appealed a $30,000 mental distress award for aggravated damages. The Court of Appeal found there was no evidentiary foundation for a mental injury award for aggravated damages  despite the Supreme Court Case Saadati (Lau v. Royal Bank of Canada,2017 BCCA 253).  In…

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Suing for Assault does not Require Touching

Suing for civil assault in BC is different than claiming battery or negligence. As Judge Fleming states in the recent case of Akintoye v. White, 2017 BCSC 1094: [94]   Despite its name, the tort of assault involves the intentional creation of the apprehension of immediate harmful or offensive conduct but no actual touching. A battery occurs whenever…

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