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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 2018

Legal fees of 33% Recognized by Canadian Courts as a Reasonable Fee

It can be difficult to know how much to pay for legal services if you have little or no experience hiring a lawyer after a personal injury. The years of legal training and experience help to determine the lawyer’s best hourly and percentage fee. Here are a few case examples to help understand what is reasonable…

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Train Owner Faulted for $2.4 Million Railway Crossing Injury

The injury claimant suffered a spinal cord injury and a traumatic brain injury  when a train owned by the Canadian National Railway, CNR,  struck her car as she crossed the railway tracks on Smith Crescent close to Glover Road in Langley, BC. The judge found CNR failed to maintain adequate sightlines at the Crossing by allowing an overgrowth of…

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ICBC Loses $1 Million Multiple Car Accident Injury Award Appeal

This appeal by ICBC from a $1 million personal injury award reiterates the old adage that a judge is entitled to accept all, some or none of a witness’ evidence. A judge is not obliged to identify and discuss every piece of evidence related to factual deliberations in reasons for judgment; nor are they required to…

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$175,000 Pain and Suffering for PTSD and Soft Tissue Injury

Valuing psychiatric injury and proving post-traumatic stress disorder, also known as PTSD, is an evidentiary challenge. This PTSD injury claim reviews several  cases in which PTSD was established. This case involved a 55 year old truck driver injured in a motor vehicle accident on Highway 1 near Chilliwack, BC. Having found the other driver 100% at fault the court…

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75% Reduction for Failure to Mitigate Injury Set Aside

Sometimes it is obvious in a car accident case when a jury does not like a litigant. Although after 22 days of trial, the jury found the City of Surrey negligent for failing to adequately maintain the snowy roadway, they found the claimant 75% contributorily negligent. The jury also reduced her award by a further 75% on a…

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$1.15 Million Award for Thoracic Outlet Syndrome

In this car accident injury case, a 28-year-old dental assistant, injured her neck, left shoulder, and mid‑back developing myofascial pain syndrome and thoracic outlet syndrome, TOS. Of particular interest was the award of $135,000 for pain and suffering and the $60,000 in-trust award for the increase in household chores for the spouse husband.(MacLeod v. Whittemore, 2018 BCSC…

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$200,000 ICBC Offer to Settle Rejected and $199,471 Awarded

This ICBC offer to settle case raises two important issues: (1) What ICBC accident benefits should be deducted from the award against the driver; and (2) Should a claimant be denied costs for not accepting an ICBC offer which is the same as the court award. This ICBC personal injury case involved two car accidents.  First…

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$185,000 in Pain and Suffering for Permanent Soft Tissue Injury

In this left turn car accident injury case the 23 year old claimant was awarded over $1.8 million in damages, including $185,000 for pain, suffering, loss of enjoyment of life and $1.28 million for future loss of earnings. The Supreme Court judge required only three weeks to deliver her written decision, creating new expectations that justice should…

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