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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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November 2018

Winning Substantial Success in a Personal Injury Case

In many personal injury cases there are several claims being made and some of these claims may not be successful at trial. How do you know when you have achieved substantial success? This is important when deciding on entitlement to legal costs and disbursements. Your substantial success will help determine the amount of money you…

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Running Pedestrian with Hoody and Headphones 80% to Blame for Injuries

The Supreme Court found this running pedestrian, wearing a dark hoody with headphones 80% at fault for an accident resulting in her injury. The pedestrian appealed the finding that he was 80% at to blame for the accident.(Vandendorpel v. Evoy,2018 BCCA 442) The accident occurred at the intersection of Mount View Avenue and Sooke Road…

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ICBC Punishes Purchase of Private Disability Benefits: Rethinking Insurance Coverage

Drivers in BC are required by law to purchase insurance coverage through ICBC, which includes accident injury benefits. Yet the insurance coverage often never gets paid out requiring purchased private insurance be used first. The premiums you pay for private coverage are a total loss and the result is a reduction in the value of…

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No Jury for Complex Brain Injury Case

The Supreme Court ruled this accident injury claim too difficult for a jury. The ruling of Master Dick found the injury case required prolonged examination of documents and scientific investigation.  The Master allowed the application to be heard after the filing of a second Jury Notice, which appears to have extended the time for applying to strike the…

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No Claim for the Family After a Car Accident says Judge

During the opening statement to a jury in a personal injury case the defence made several objections. After the jury left the courtroom, no less than 5 objections to the opening were made to the judge. All objections were essentially dismissed except one, which resulted in additional instructions being made by the Judge to the jury.…

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$100,000 Pain and Suffering Award for L4-5 Disc Protrusion

In this personal injury lawsuit the claimant, in his early 20s at the time of the car accident, sustained injuries to his neck, wrist, shoulder, and lumbar spine . The other driver conceded guilt for the accident so the case issues were:(1) the type of injuries; and (2) compensation amount to be awarded for the injuries.(Domijan v. Jeon,2018 BCSC 1988)…

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Car Accident Claim Capped 2018?

What Your ICBC Claim is Worth in the Era of Injury Caps British Columbia now has a cap for minor injuries sustained in car accidents. If you’ve been injured in a car accident, bicycle accident or pedestrian accident some of your ICBC compensation might be capped or reduced if you have private insurance. Consult a personal injury…

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NDP New Law Assumes Injuries are all Minor for Auto Victims

On November 9, 2018 the NDP Coalition government released their ICBC Minor Injury Claim laws to take effect April 1, 2019. These laws pre-set compensation for pain and suffering to an injury cap maximum of $5,500 for all accident’s injuries after April 1, 2019 unless proof of serious impairment is presented. Given the complexity of the new…

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Awards for Future Loss of Earnings differ from Awards for Past Wage Loss

The Court of Appeal has upheld a $200,000.00 award to a 25-year old student for loss of future earning capacity despite having no settled pattern of employment, and no causal link between her injuries and her inability to keep positions in her desired field of employment. (Layes v. Stevens,2018 BCCA 415). An ICBC offer to…

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Volvo Loses Appeal on $4.8 Million Mental Injury Award

  In this personal injury case Volvo was found 100% liable for negligent manufacture, negligent design and failure to warn for a Volvo 780 truck purchased in 2007. The appellants, Volvo Trucks North America Inc. and National Truck Centre Inc. dba Pacific Coast Heavy Truck Group, appealed an order that they pay damages to the…

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