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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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Injury Claimant Without Lawyer Slaughtered at Trial- Costs Awarded

This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial  the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…

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Car Accident Victim Recovers Compensation for only 50% of Losses

This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…

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Offer to Settle Injury Case $100,000 higher than Award and Costs Against Claimant

This personal injury case the claimant was awarded a  total of $404,282.20. However the defendants made a formal offer to settle before trial for  $474,456.00 new money, plus advances of $15,669.40 for a total of $490,125.45, making it $101,475.74 higher than recovered.(Layes v. Stevens,2017 BCSC 2011) The claimant was injured in the motor vehicle accident. It came…

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ICBC Offer to Settle Cannot be used to Punish Impoverished Claimant

In this personal injury case ICBC argued cruelly and unsuccessfully that a claimant with a meagre income should not be protected from the cost consequences of refusing a reasonable offer to settle. The injured claimant was on CPP disability pension and had not worked for many years at a full‑time job. His disability pension ended when…

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The Injured to get no Sympathy when Applying Legal Principle says Court

In awarding the full costs of a 28 day medical malpractice trial against the unsuccessful injury claimant the Court of Appeal had this to say, [213]     I am not unsympathetic to the plight of the [] family. As a consequence of this judgment, they face a significant costs award in addition to the burden of continuing…

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ICBC Denied Costs Despite Dismissal of Injury Claim

When an ICBC claimant is injured in two car accidents and is at fault for the first, how does the court deal with costs? Here is what the court did recently in Brach v. Letwin,2017 BCSC 101, a Fast Track case: the claimant was not entitled to recover his disbursements where they were solely attributable to…

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Settlement Offers to ICBC in Fast Track Cases- Getting Double Costs

The settlement amount offered to ICBC and the timing of the offer is important to a claim for double costs, even in “Fast Track” cases. As a general rule, the successful party in a fast-track personal injury case is awarded $6,500 in pre-trial costs and $1,500 in costs for each day of trial. Where an offer to…

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