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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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The Best Lawyers in the Era of ICBC Minor Injury Caps

When ICBC considers your serious injury minor, private personal injury lawyers top the list of professionals that understand the ICBC minor injury cap criterion. Legal training and experience put lawyers at great advantage when tackling these ICBC claims. It is best to get independent advice before, not after, ICBC evaluates your injury as minor. Fortunately, because…

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$120,000 Award for Police Assault Dismissed in Last Injury Case of 2018

When starting a personal injury lawsuit against the police it is important to consider giving notice to the municipality employing the officers.  This $120,000 injury case was dimissed because the claimant failed to give the municipality notice of the claim within two months.(Lapshinoff v. Wray,2018 BCSC 2315). Section 286 of the Local Government Act, currently reiterated as s. 736…

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Top Personal Injury Law Changes of 2018

Pain free life is valued as part of the dream of the Good Life by most Canadians.  The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…

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Government Auto Monopoly ICBC to Control Access to Medical Care

The growth of auto insurance giant ICBC has come at greater cost than just higher car insurance premiums. It has meant losing patient rights and control over access to proper medical care. Innocent victims of personal injury can expect less medical coverage after April 1, 2019, especially if they have been paying for the benefit of…

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Reasonable Offer to Settle vs. Offers that Ought Reasonably be Accepted

The Supreme Court has presented a new interpretation to offers to settle when it comes to ICBC settlement offers(Kobetitch v. Belski,2018 BCSC 2247). This personal injury lawsuit involved two motor vehicle accidents, the jury awarding the claimant $760,000.  ICBC sought costs of the trial based on offers to settle delivered before the trial began. The first ICBC offer…

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Occupational Medicine Expert Report Inadmissible in Jury Trial

The claimant was a pedestrian injured in a car accident. She hired a medical doctor specializing in occupational medicine to assist at the personal injury trial. In that capacity, Dr. B. was qualified as an expert “capable of providing expert opinion evidence with respect to the diagnosis, prognosis, rehabilitation, and functional and occupational, vocational and…

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Economist Reports Admitted Late in Personal Injury Case

The defendants objected to the admission of expert reports tendered by the claimant on two grounds including the lateness of two economists’ reports. Pursuant to Rule 11‑6(3), the economist reports should have been served 84 days before the trial. The report were 12 days late, being served 72 days before the trial commenced. This was a mistake. …

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Province Liable for $150,000 Sexual Assault Pain and Suffering Award

This injury claimant was sexually assaulted while on a tour of Oakalla prison in the late 1970s. He sought damages from a corrections officer and the Province of British Columbia. The essence of the claim was that as part of a probationary term the claimant was required to go on a tour of the jail. The corrections…

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Future Loss of Income Awarded Despite Prison and Criminal Conduct

This personal injury claimant was injured in two car accidents, the  first was a head on collision at  188 Street in Surrey,  and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries. The defendants argued that the claimant’s original position was affected by fights that occurred when he…

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Winning Substantial Success in a Personal Injury Case

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…

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