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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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Rule 11-6 Service of Expert Reports

ICBC Helped by Dumbing of the Courts

The BC NDP have set arbitrary limits on judges access to expert opinion. This will reduce intelligent decision making and eliminate the ability to resolve sophisticated civil disputes. The dumbing down of the court will have a negative impact on innocent victims. The changes to the expert rules will empower state-run bodies such as ICBC,…

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Experts Limited in Medical Malpractice

Life saving surgeons and medical practitioners assist the court with informed opinions in medical malpractice cases. However, the government has imposed limits on the number of expert and expert reports permitted. Therefore after February 1, 2020 medical malpractice cases will have new challenges. Many medical procedures are beyond the courts understanding. Educating the judge is…

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ICBC Given Special Legal Status to Prevent use of Expert Reports

On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…

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Economist Reports Admitted Late in Personal Injury Case

The defendants objected to the admission of expert reports tendered by the claimant on two grounds including the lateness of two economists’ reports. Pursuant to Rule 11‑6(3), the economist reports should have been served 84 days before the trial. The report were 12 days late, being served 72 days before the trial commenced. This was a mistake. …

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ICBC Denied Last Minute Medical Examination of Injury Victim

In this personal injury case the ICBC insured could not reasonably claim to be surprised by the subject matter of a functional capacity evaluation report and was denied further medical examination of the claimant (Falbo v. Ryan,2015 BCSC 2452). It is rare that the court will order any further medical examinations after the 84 expert deadline. It…

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Medical Examination Ordered For Rebuttal Report After 84 Day Deadline

The Court accepted that the Neurologist in this ICBC car accident injury claim needed to perform a physical exam of the claimant in order to properly prepare a report in response to claimant’s medical experts (Ram v. Chhina, 2015 BCSC 2193). This despite the examination taking place only 2 months before the personal injury trial was scheduled to begin. This…

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ICBC Continues to Pay Dr. Grypma to Advocate and Attack Claimant Credibility

The Insurance Corporation of British Columbia, ICBC, is a government created auto insurance monopoly entrusted with providing universal public auto insurance in British Columbia. However, ICBC has been using biased medical experts to deny legitimate personal injury claims, the following case is a recent example (Litt v. Hassan, 2015 BCSC 1920).  This twisted and tainted approach to…

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New Expert Evidence Test Impacts Personal Injury Cases

A new cost-benefit analysis for admission of expert reports introduced by the Supreme Court of Canada expands the gatekeeping role of judges in Canada (White Burgess Langille Inman v. Abbott and Haliburton Co., 2015 SCC 23). This development will change the landscape of expert evidence in personal injury lawsuits, especially when it comes to the hired guns such as…

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