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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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Car Accidents Trigger Asymptomatic Pre-existing Neck Issues

The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering),  compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…

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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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No Claim for the Family After a Car Accident says Judge

During the opening statement to a jury in a personal injury case the defence made several objections. After the jury left the courtroom, no less than 5 objections to the opening were made to the judge. All objections were essentially dismissed except one, which resulted in additional instructions being made by the Judge to the jury.…

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$175,000 Pain and Suffering for PTSD and Soft Tissue Injury

Valuing psychiatric injury and proving post-traumatic stress disorder, also known as PTSD, is an evidentiary challenge. This PTSD injury claim reviews several  cases in which PTSD was established. This case involved a 55 year old truck driver injured in a motor vehicle accident on Highway 1 near Chilliwack, BC. Having found the other driver 100% at fault the court…

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Slip and Fall on a Public Sidewalk – Who Owes the Duty of Care?

In this personal injury case the injury claimant slipped and fell on a public sidewalk owned by the municipality of Summerland in British Columbia. The sidewalk separates Angus Street in Summerland from a senior’s housing facility where the claimant lived.(Scheck v. Parkdale Place Housing Society,2018 BCSC 938) The issue was whether the  senior’s housing facility, Parkdale,…

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Divisibility and Liability in Multiple Car Accident Claims

This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at  $75,000 pain and suffering Award for…

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Punitive Damages Awarded for Trespass to Cut down Trees

This Prince George property owner was awarded $7,500.00 for  exemplary or punitive damages for trespass as part of a compensation package which included a permenant injunction and $10,500 in damages.(Stewart v. Phillips, 2018 BCSC 828) The purpose for a punitive damage award includes deterrence, punishment, and recognition of unnecessary humiliation. The basis for a punitive damage award is an…

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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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$200,000 Award for Carbon Monoxide Brain Injury

 This husband and wife suffered brain injuries from carbon monoxide (“CO”) emissions when maintenance of their living room fireplace was negligently performed. The fireplace had been removed and later reinstalled and serviced by the defendant heating company (Edwards v. Parkinson’s Heating Ltd.,2018 BCSC 593).  The wife was awarded $50,000 and the husband $200,000 for the pain, suffering and…

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Brain Injury Led to Dementia after Car Accident

This injury claimant was awarded more than $1.2 million after suffering a traumatic brain injury. He was driving from Kelowna to Vernon when his truck  was side-swiped, forced into oncoming traffic and collided with a city bus. The paramedics found the claimant conscious but confused and disoriented. He had an obvious bump on his head. He was not oriented…

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