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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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Prior Condition

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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Injury to Arthritic Hand Warrants $95,000 Pain and Suffering Award

The court concluded that prior to the car accident the claimant had a number of “quiescent but present conditions” in his hands and wrists that would likely have become increasingly symptomatic over time even if the accident had never occurred. This included arthritis of the wrist and thumb. However, the fact that the defendants’ conduct triggered the…

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Thanksgiving Weekend Car Accident Results in $200,000 Award

For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but…

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Injury Victim called “Crumbling Skull” gets New Trial

In a short but forceful unanimous three panel decision, the Court of Appeal has rung the death knell for the term “crumbing skull” to describe physical and mental conditions that may deteriorate in the future (Gordon v. Ahn,2017 BCCA 221). Other similar terms used by the court in the past include “psychological thin skull”, “eggshell personality” and “eggshell skull”.…

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Injury Victim called "Crumbling Skull" gets New Trial

In a short but forceful unanimous three panel decision, the Court of Appeal has rung the death knell for the term “crumbing skull” to describe physical and mental conditions that may deteriorate in the future (Gordon v. Ahn,2017 BCCA 221). Other similar terms used by the court in the past include “psychological thin skull”, “eggshell personality” and “eggshell skull”.…

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Large Award for Minor Car Accident due to Medical Condition

This car accident claimant with born with spina bifida, scoliosis and kyphosis. When she was three she had her fibula taken from her left leg and fused into her spine. All her life, she has suffered pain, primarily from the kyphosis. However, she has always managed that pain (Cantwell v. Warren, 2017 BCSC 856). The car accident…

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Prior ICBC Settlement not Deducted from Injury Award

Should a prior ICBC Settlement amount be deducted from a second and new car accident injury claim? We answer this question in today’s a motor vehicle accident case review. This personal injury case involves  a chronic pain claimant with a prior accident she settled with ICBC for $153,300 plus case expenses (the “Settlement”).  Should the claimant be awarded a global amount…

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Personal Health Information for All British Columbian’s Disclosed to Tobacco Company

Personal Injury lawyers should know that the Court of Appeal has allowed the Information and Privacy Commissioner of British Columbia to challenge an order that allows the tobacco company Philip Morris International Inc. access to a number of government databases containing personal healthcare information. The central issue on appeal will be whether the chambers judge erred in not…

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Personal Health Information for All British Columbian's Disclosed to Tobacco Company

Personal Injury lawyers should know that the Court of Appeal has allowed the Information and Privacy Commissioner of British Columbia to challenge an order that allows the tobacco company Philip Morris International Inc. access to a number of government databases containing personal healthcare information. The central issue on appeal will be whether the chambers judge erred in not…

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$100,000 Pain and Suffering Award for Neck Pain and Headaches

The purpose of an award for pain and suffering, called “non-pecuniary damages”, is to provide money compensation that ameliorates the condition of an injured claimant. In making such an award, the following factors are relevant: age of the claimant;  nature of the injury;severity and duration of pain; disability; emotional suffering; loss or impairment of life;  impairment of family, marital and social…

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