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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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New Civil Court Rules

Disturbing Sexual Injury Case Protects Counselling Records

The injury claimant, 42 years of age was sexually assaulted by her father and her personal injury lawyer outlined allegations of repetitive sexual abuse commencing when she was a child.  She also alleged that the Province of BC placed her back in the residence with her father.The claimant sought general damages, special damages for increased cost of care, aggravated…

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Top Offers to Settle by Best Personal Injury Lawyers

    The Calderbank offer to settle has been enshrined in our Rules of Court since 2010 and since 1975 has been the best way to legally enforce cost consequences for reasonable offers to settle. Emerging and imminent injury lawyers alike must understand and apply these principles of settlement. History of the Formal Offer Prior to…

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Injury Claimant not Required to have X-ray

The claimant was a pedestrian struck and injured by a motor vehicle. This was an application by the defendant for an order that the claimant attend an appointment with a radiologist registered with the Royal College of Physicians and Surgeons of Canada of her choice to undergo an X-Ray examination of her legs and right shoulder and…

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Claimant Beats ICBC Offer by $170,000 but no Double Costs

If an offer to settle a personal injury claim with ICBC is not in the proper form and not served on all the parties of record, the court can deny costs even if the offer is beat- Granja v. Jozsef, 2017 BCSC 1087. The injury claimant offered to settle his case for $70,000 before trial. ICBC refused…

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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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Litigant Without Lawyer Ordered to Pay ICBC Costs

After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid back to ICBC as costs. In this article learn about the costs consequences for self-represented litigants…

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Settlement Offer to ICBC Beaten and Double Costs Awarded

In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected.  The claimant  was therefore entitled to an…

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Fatally Flawed Medical Malpractice Award Overturned on Appeal

  The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached her duty of care owed to the patient, when placing the claimant’s left foot on…

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Responding to Your Own Medical Expert- The New World of Responsive Reports

Out of the civil rule changes in 2010 blossomed a homegrown medicolegal report (MLR) writing industry, a boom for ICBC doctors.  The Rules created a class of  “responsive” reports and “supplementary” reports with deadlines for service and strict guidelines for content. It appears only well informed MLR industry members are likely to obtain the admissible…

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The ICBC Settlemet Offer that Got Away

In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…

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