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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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April 2018

Second Medical Examination Refused but Appeal Granted

The personal injury claim involved a motor vehicle accident in which the defendant denied liability. The injury claimant alleges various soft tissue injuries and neurological or psychological injuries and was seen by one doctor for the defendant. The defendant was denied a request for a second medical examination.(Tran v. Abbott, 2018 BCCA 154) In allowing the…

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Chronic Psychiatric to be coined “Minor Injury” deserving $5,500 in NDP Injury Cap Scheme

The new NDP injury cap legislation degrades chronic psychiatric conditions to “minor injuries” and leaves claimants without a legal advocate. This change tramples on individual rights and its only aim is saving ICBC from elimination. The vulnerable, the innocent that develop chronic illnesses due to car accidents will be offered a maximum one time payment of…

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Chronic Psychiatric to be coined "Minor Injury" deserving $5,500 in NDP Injury Cap Scheme

The new NDP injury cap legislation degrades chronic psychiatric conditions to “minor injuries” and leaves claimants without a legal advocate. This change tramples on individual rights and its only aim is saving ICBC from elimination. The vulnerable, the innocent that develop chronic illnesses due to car accidents will be offered a maximum one time payment of…

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City Failed to use Best Efforts to Fix Hazard Liable for Injury

This was an appeal by the City of Salmon Arm from a finding of negligence for injuries suffered when the claimant tripped over the metal base of a broken traffic sign that was protruding from a sidewalk. The judge concluded the City breached the standard of care in not locating and repairing the sign before the incident. The injury…

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$200,000 Award for Carbon Monoxide Brain Injury

 This husband and wife suffered brain injuries from carbon monoxide (“CO”) emissions when maintenance of their living room fireplace was negligently performed. The fireplace had been removed and later reinstalled and serviced by the defendant heating company (Edwards v. Parkinson’s Heating Ltd.,2018 BCSC 593).  The wife was awarded $50,000 and the husband $200,000 for the pain, suffering and…

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Car Accident Claim Online

Can a claim to ICBC be made online? Claimants can make an ICBC dial a claim, a written report, or have a legal advocate report the accident. Importantly however, car accidents that result in personal injury cannot currently be reported to ICBC online. The Insurance Motor Vehicle Act regulations require a written report within 30…

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Slip and Fall in Superstore Results in Brain Injury

This slip and fall claimant was awarded $175,000 for the pain and suffering arising out of a brain injury.  The claimant sought  damages under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) for injuries suffered in a slip and fall that took place at the  Real Canadian Superstore located at 333 Seymour Boulevard, North Vancouver, British Columbia. The…

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Brain Injury Led to Dementia after Car Accident

This injury claimant was awarded more than $1.2 million after suffering a traumatic brain injury. He was driving from Kelowna to Vernon when his truck  was side-swiped, forced into oncoming traffic and collided with a city bus. The paramedics found the claimant conscious but confused and disoriented. He had an obvious bump on his head. He was not oriented…

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MSP and PharmaNet History Printouts Not Required for ICBC Claim

It is not enough for ICBC  to simply plead a pre-existing condition in order to obtain a claimant’s medical history after a car accident. The obligation is still on the defendant, ICBC, to make the case in the evidence. Even with a prior auto accident, if the claimant recovered to normal function before the car accident in question,…

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