Personal Injury Appeals Archives

$5.85 Million Settlement Test Future Loss Rates

Posted on July 27, 2019 by Renn Holness in British Columbia Personal Injury Law Blog, Medical Malpractice Cases, Personal Injury Appeals

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…

ICBC Settlements and Collective Agreements

Posted on June 14, 2019 by Renn Holness in British Columbia Personal Injury Law Blog, ICBC Settlement Amounts, ICBC Settlements, Personal Injury Appeals

An employers’ duty to accommodate can impact the amount of ICBC injury claim settlement. In this case review, a car accident injury was claimed to have been settled on the mistaken understanding that the employer was willing to accommodate the injury. About a month before the trial of the car accident claims, the claimant sent…

ICBC Minor Damage Defence Fails

Posted on April 26, 2019 by Renn Holness in British Columbia Personal Injury Law Blog, Human Body in a Lawsuit, ICBC Injury Claims Info, Personal Injury Appeals

This injury claim first denied based on minor vehicle damage has been overturned by the Court of Appeal. The conclusion that minor car damage means no injury has therefore been debunked by our highest court. In a car accident, just because there is minor car damage does not mean there is no injury. Also, common…

Lawsuit Against ICBC Lawyer Dismissed as Wild Speculation

Posted on January 19, 2019 by Renn Holness in British Columbia Personal Injury Law Blog, ICBC Lawyers, In a Car Accident, Personal Injury Appeals

This Lawyer was hired by ICBC to defend against several car accident personal injury claims in 2002. The first three car accidents went to trial with claimant having no lawyer to advocate his case. In his submission to the court, lawyer Mr. Paul Warnett, hired by ICBC, questioned the extent to which the claimant was injured in any of the three…

Winning Substantial Success in a Personal Injury Case

Posted on November 30, 2018 by Renn Holness in British Columbia Personal Injury Law Blog, How Much Money Will I Get?, Personal Injury Appeals

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…

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

Posted on November 26, 2018 by Renn Holness in British Columbia Personal Injury Law Blog, Human Body in a Lawsuit, Pedestrian Accidents, Personal Injury Appeals

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…

Volvo Loses Appeal on $4.8 Million Mental Injury Award

Posted on November 05, 2018 by Renn Holness in British Columbia Personal Injury Law Blog, How Much Money Will I Get?, Personal Injury Appeals, Psychological Injury

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…

Caps on ICBC Pain and Suffering Awards an Obstacle to Justice

Posted on October 26, 2018 by Renn Holness in British Columbia Personal Injury Law Blog, Hiring a Personal Injury Lawyer, ICBC Injury Caps, Personal Injury Appeals

This is an appeal of an order dismissing a constitutional challenge to the requirement to pay daily hearing fees in civil trials.(Cambie Surgeries Corporation v. British Columbia (Attorney General),2018 BCCA 385). This case outlines a few of the issues the BC government will face in trying to justify the denial of rights to the injured with ICBC injury caps,…

Medical Examinations to Promote Equality in Civil Lawsuits

Posted on October 01, 2018 by Renn Holness in British Columbia Personal Injury Law Blog, Human Body in a Lawsuit, Personal Injury Appeals

In this exceptional case, the Court of Appeal reviewed,but did not weaken, the requirement to attend medical examinations in personal injury civil cases. This decision will not affect claimant requirements to attend ICBC medical examinatons for accident benefits. ICBC has a unique set of laws that govern their conduct differently than other parties to a…

Repudiation of Settlement Agreement Must be Clear and Unequivocal

Posted on September 28, 2018 by Renn Holness in British Columbia Personal Injury Law Blog, ICBC Settlements, Personal Injury Appeals

The central issues in this Court of Appeal settlement case are whether the parties reached a binding settlement agreement, and if the settlement was repudiated. This can sometime arise in ICBC personal injury cases after a settlement amount as been agreed upon but before the release has been signed. As an important principle in the settlement…

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