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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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Chronic Pain Syndrome

No Witness Adverse Inference in ICBC Trial

Blaming innocent victims for not calling expert witnesses sounds unfair. The Insurance Corporation of British Columbia defends guilty drivers. The guilty drivers blame claimants for not paying doctors to testify at trial. Then they ask the court to draw an adverse inference. The current government changed the expert rules to help the state run auto…

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Common Slip and Fall Injuries

Frequency of Falling Injuries Slip and falls account for 32% of all reported emergency room visits in Canada. This, according to Canadian Institute for Health Information (CIHI). Slip and fall lawyers, the most common type of falls resulting in injury were slipping, tripping and stumbling. Hip fracture was the most common injury, responsible for almost…

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Treating Psychiatrist Opinion Needed to Avoid Adverse Inference

The Judge agreed to instruct the jury, in this personal injury case, that they can draw an adverse inference from the claimant’s failure to have her treating psychiatrist provide an opinion.(Brar v. Ismail, 2018 BCSC 1487) The claimant’s depression was a central factor in this personal injury lawsuit.  She claimed the car accident significantly aggravated her…

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$115,000 Somatic Symptom Syndrome Pain and Suffering Award

This 46-year-old self employed bookkeeper and housekeeper sustained personal injuries in a rear end motor vehicle accident at the intersection of Lovers’ Lane and Cameron Taggart Road in Cobble Hill, British Columbia. After the claimant had stopped at the intersection, her car was struck from behind by a minivan. The defendants admitted liability. As a result of the…

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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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Loss of Future Earnings Awarded Despite Increase in Salary

When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering a chronic pain condition at the beginning of her career.(Harry v. Powar,2018 BCSC 845) The…

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$170,000 Pain and Suffering Award for Chronic Soft Tissue Pain

The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when  a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of any injury. She then developed severe symptoms in the following days. The claimant was found…

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$180,000 Award for Pain and Suffering in Chronic Pain Syndrome Case

This personal injury case arose from a car accident which occurred at the intersection of 140th Street and 74th Avenue in Surrey when the other vehicle turned left into the path of the claimant’s vehicle. She was 58 year old at the time of the accident and sought compensation for pain and suffering, past income loss, future income loss,…

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$200,000 Pain and Suffering Award for Chronic Pain, Anxiety and Depression

This injury claimant was a front seat passenger travelling northbound on Highway 6, between the towns of New Denver and Playmor Junction in the Kootenay region of B.C. when the car went out of control nearing a corner, crossed the highway and came to rest in a ditch.  There were no other vehicles involved in…

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When Rejecting an ICBC Offer is Reasonable

The Supreme Court has confirmed that it is not unreasonable for a car accident claimant to reject an ICBC offer if the medical evidence supports a claim of chronic pain not recognized in the offer (Bains v. Antle, 2017 BCSC 590).  This claimant was awarded only $37,800 by a jury but was still awarded her court costs by the…

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