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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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Hit and Run

ICBC Denies Hit and Run Claim but Court Disagrees

This personal injury case was lodged against the Insurance Corporation of British Columbia (“ICBC”) for damages arising from a hit-and-run motor vehicle collision which occurred near the Strawberry Hill commercial complex at the corner of 120th Street and 72nd Avenue in Surrey, British Columbia. ICBC was named as the nominal defendant in this action as the claimant was unable…

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Lawyers Guard Confidentiality and Bring Important Claims

A personal injury lawyer’s duty to guard confidentiality and to serve the best interest of the client is recognized in this Court of Appeal decision : Nuttall v. K.,2018 BCCA 341. The lawyer successfully appealed a special costs order against him for adding a party to a hit and run personal injury claim, which was found later…

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ICBC Blames Officer for getting Run Over by Shoplifter But Judge Disagrees

In this bizarre personal injury case a security guard was run over and injured by a fleeing vehicle after a shoplifter stole a pair of sunglasses. ICBC then tried to blame the security guard for being contributorily negligent.(MacKenzie v. John Doe,2018 BCSC 104) The security guard approached the shiplifter’s passenger side and opened the door, saying “store security”.  He…

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Hit and Run Driver must pay $100,000 in Punitive Damages

This personal injury case involved a driver that fled the scene of a car accident causing serious injury to the ICBC claimant. The judge was not only satisfied that it was the defendant that was the driver the judge awarded the claimant $100,000 in addition to the award as punishment for the hit and run driver fleeing…

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Local Governments Allowed Draconian Bar on Injury Claims

Our law makes it more difficult to sue local governments than private citizens. Local governments are treated differently from other litigants in BC by requiring injury claimants to give written notice within a very short period following an incident to the local government. Most local citizens are unaware of this requirement and when injured on city…

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Hit and Run Claim Wins With no Sign Posted

After being injured in a hit and run car accident a claimant has an obligation to make best efforts to find the other driver in order to pursue a personal injury claim with ICBC. In this case ICBC suggested that had signs been posted leading up to the collision site commuters who travelled the route…

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ICBC's Policy of not Informing the Public Accepted by the Court

After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC the circumstances and consequences within 30 days, the ICBC adjuster can remain tight lipped about…

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ICBC’s Policy of not Informing the Public Accepted by the Court

After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC the circumstances and consequences within 30 days, the ICBC adjuster can remain tight lipped about…

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Hit and Run Vehicle at Fault for Overtaking in Snow

Hit and Run personal injury claims in British Columbia require injury claimants to name ICBC as a nominal defendant and prove that the unknown driver was at fault. In this hit and run bifurcated summary liability trial (Link v. Insurance Corporation of British Columbia,2014 BCSC 1765) the determination of liability was the sole issue before…

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