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Brain Injury

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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ICBC Statements Result in $1.1 Million Injury Award

This ICBC claimant sought compensation for brain injury which he said was caused after he was thrown from his bicycle with no contact with the vehicle. There were several statements given to ICBC both in writing and by email which the court had to consider in determining fault. The issue regarding liability was whether the driver caused the…

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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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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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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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Brain injured Rainmaker Described as the Best Lawyer

In this personal injury case a very competent young lawyer was  tragically rendered less capable overall from earning income from all types of employment due to a falling injury resulting in brain injury. She was awarded $5.1 for her loss of earning capacity (click here for full case 2010 BCSC 1111). The judge found that it was highly…

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First Steps to Brain Injury Recovery Following a Car Accident

Brain injury following a car accident needs to be documented and treated for the greatest chance of a person being put back in the position they were in before the injury. Here are three important steps to take if you have suffered a brain injury in a car accident: Brain Injury Management Plan In the First…

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Avoid Becoming a Hired Gun- Brain Injury Opinion Rejected Again

Doctors and therapists that want to avoid earning the label of “hired gun” should: (1) limit the amount of work they do for one insurance company; (2) keep up to date with changes in medical research; (3)avoid unnecessarily criticizing medical colleagues without adequate justification; and (4) diagnose a condition in the same way they would…

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Dr. Holness Brain Surgeon Receives Lifetime Achievement Award

Dr. Renn O. Holness, has received the Canadian Neurosurgical Society’s (CNSS) Lifetime Achievement Award in recognition of his outstanding career and significant contribution to Neurosurgery. Dr. Holness attained the Gold Medal in the 1968 Bachelor of Medicine, Bachelor of Surgery, obtaining  Honours in Medicine and Surgery. Dr. Holness has saved numerous car accident victims from the catastrophic results of…

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