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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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February 2018

Brain Injury Case Appeal Dismissed as Fact Driven

A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…

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ICBC Claims Settlement Tips and Advice

The first tip, the ICBC adjuster works for ICBC not the injured claimant. ICBC does not assign claimants their own advocates after a car accident.  No one at the Insurance Corporation of British Columbia, ICBC, will look out for the claimants best interests when it comes to settling an injury case. Second tip for ICBC injury…

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ICBC Allowed to Deny and Admit Liability for Same Car Accident

The Court of Appeal has ruled that admitting liability and settling a lawsuit but also denying liability in another lawsuit for the same car accident is not an abuse of process. (Glover v. Leakey,2018 BCCA 56) This case involved a car accident in which two lawsuits were commenced by different occupants. In one lawsuit ICBC admitted their…

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Future Care Injury Award Reduced for Public Funding

The amount awarded for cost of future care can be adjusted up or down to take into account the availability of other benefits. In this Court of Appeal decision the court reaffirms this principle as it relates to the likelihood of continued publicly funded home care from Alberta Health Services (AHS). The injury claimant was involved…

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ICBC Injury Caps Bad for Quality of Life in British Columbia

Talk to anyone affected by injury caps and they will tell you their quality of life has significantly decreased because they have no access to legal advice or recommendations for adequate care and treatment. When a person has been injured thru no fault of their own, our law has always allowed an innocent victim to be put back financially…

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Loss of Past Earning Capacity on “Real and Substantial Possibility” Threshold

In this car accident personal injury case the claim for past loss of earning capacity was dismissed as speculative. Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed the appeal. (Rousta v. MacKay,2018 BCCA 29). The ICBC claimant was driving on Taylor Way…

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