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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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Cocaine Use After Car Accident Reduces Injury Award

This car accident claimant had his injury claim reduced by 20% for failing to follow medical advice and abusing Percocet and cocaine, which interfered with his recovery. The claimant was riding his motorcycle west on Marine Way in Burnaby, BC  approaching a strip mall known as Market Crossing when a  vehicle in the lane beside him changed…

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Returning to School and Work after a Car Accident Injury

Car accident injuries can occur when starting a new phase of school or work. Getting back after a vacation or time off can make it difficult to heal as recommended by a doctor or treating healthcare provider. How to return to school with an ICBC injury claim and three important principles to understand when injured in a…

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75% Reduction for Failure to Mitigate Injury Set Aside

Sometimes it is obvious in a car accident case when a jury does not like a litigant. Although after 22 days of trial, the jury found the City of Surrey negligent for failing to adequately maintain the snowy roadway, they found the claimant 75% contributorily negligent. The jury also reduced her award by a further 75% on a…

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ICBC Claimant to Blame for Alcoholism not Impecuniosity

ICBC arguments on the failure to attend recommended treatment, mitigation,  are often narrow and focused, as displayed in the following $150,000 pain and suffering injury case. ICBC argued that prior substance abuse should result in a low award but the BC Supreme Court decided this ICBC case was worth over $720,000. The car accident was a head-on collision on…

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Causation Conflated with Mitigation in Chronic Pain Case

  A principal issue in this car accident injury appeal was whether the trial judge erred in finding that the claimant had failed to mitigate.  The symptoms of chronic pain having been conclusively established by the finding of causation, ICBC failed to prove that she had failed to mitigate her injuries (Park v. Targonski,2017 BCCA 134). The court…

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Injury Claim Reduced by 10% for Failure to Seek Alternative Employment

After a car accident injury a claimant has a duty to mitigate, or minimize his or her losses. However this case takes mitigation to new levels, expecting a career carpenter to seek alternative employment or face a reduction in his injury claim (Klein v. Sangha,2016 BCSC 1864. The claimant was 39 years of age at trial and…

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$40,000 Lost Lease Deposit Awarded to Car Accident Claimant

The claimant originally claimed  personal injury losses as well as loss of income and associated losses.  However, ICBC had the personal injury lawsuit dismissed due to WCB vs. ICBC injury claim rules. The claimant was however able to maintain an action for his business-related losses, including the loss of a $40,000 lease deposit on his vehicle. In Singh v.…

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Injury Victim Failed to to Use Antidepressant Medication and Loses 50% of Claim

In an understated but significant reduction in the injury award Judge Verhoeven made the following comment about the failure to use antidepressant medication, In this modern age such treatment does not have the stigma it once did, and I find that her refusal to take treatment is unreasonable and the defendant should not have to…

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Injury Claimant Blamed for not Taking Anti-depressant Medication

Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway driving towards Deep Cove in British Columbia. She suffered ongoing chronic pain in her neck, shoulder…

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$600,000 Injury Award Upheld- No Adverse Inference or Failure to Mitigate

Even if an injury claimant wins at trial in an ICBC injury claim, defendant’s have a right of appeal.  In this case even though the defendant lost at trial they alleged that the trial judge was wrong and should have blamed the claimant for her own injuries (failure to mitigate) and should have drawn an adverse…

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