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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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2019

Self Driving Fleets Open Cities to the Disabled

A door-to-door self driving service for people with disabilities would be welcomed by many in BC. The NDP left out stable funding for HanyDART in their last budget and have done nothing to support self driving fleet technology. Current taxi service is expensive and only accessible to those with benefits or private funding. Driverless door-to-door…

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ICBC $450,000 Rear End Accident Award for Chronic Pain

Evaluating how much your ICBC injury claim is worth for chronic pain will now depend on the date of the accident. Attorney General David Eby has artificially defined chronic pain as a “minor injury” for accidents after April 1, 2019 to save ICBC money. Mr. Eby has clogged the courts by encouraging ICBC to low…

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$125,000 Nervous Shock Award for Accident Witness

The claimant witnessed his wife get hit by a motorcycle as they jaywalked across Yates Street in Victoria. Although not hit himself, the claimant suffered a severe emotional reaction. He therefore claimed compensation for the mental injury. Nervous Shock : Legal Elements “Psychiatric injury” is the favoured term over “nervous shock” (see 1999 decision of…

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Assault not Fault of Store Owner

This claimant was physically assaulted by an unknown customer while waiting in line at the retail store, London Drugs. He claimed London Drugs was civilly liable for the injuries he suffered in the assault. The claim was in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 ( slip and fall legislation). Without…

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ICBC Helped by Dumbing of the Courts

The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes. The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC,…

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$5.85 Million Settlement Test Future Loss Rates

Loss of future income and cost of future care are often awarded in one lump sum in personal injury cases. A $5.85 million medical malpractice settlement  has tested the court rationale behind the discount rate on future losses. The Court of Appeal has reduced the award of $997,060 for investment management fees to $50,000.00. Defendant’s…

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Sued Doctors Can Disclose Medical Records

The Court of Appeal has upheld the dismissal of a bizarre medical-legal malpractice case. The appellant alleged that he was mistreated and assaulted by hospital staff. His claim included defamation, malicious prosecution, battery and physical assault, and intentional infliction of harm. (Universe v. Fraser Health Authority, 2019 BCCA 234) The lawyers representing the doctors were…

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