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 and Small Law Group
Autonomous vehicles will bring the biggest economic shift in a generation. However, the NDP included nothing in the 2019 BC budget despite a $374 million surplus. No attempt has been made to develop manufacturing opportunities or create more options for BC drivers. The current government has not considered the effect autonomous vehicles will have on…
The claimant slipped and fell on a sidewalk in Summerland, B.C. She slipped on a patch of ice and fell while using her four-wheeled walker. The fall injured the claimant. The court found Summerland breached its own policy by failing to inspect its sidewalks for snow and ice (Scheck v. District of Summerland et al,2019 BCSC 48…
This medical malpractice lawsuit arose from a prescribing error by a general practitioner. The doctor admitted the prescription error but denied that it caused any lasting injuries. The defendant, Dr.C. E. Fourie, admitted the claimant was entitled to damages resulting from the perforated ulcer, surgery, and hospitalization. However, no lasting injuries resulting from the defendant’s…
To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…
Statements made to ICBC and the police without a lawyer generally ends poorly. This claimant was found to be not covered by ICBC for injuries because of her ICBC statement and testimony. Indemnity under a policy of insurance with ICBC was sought by the claimant. ICBC denied coverage saying the claimant permitted an impaired person…
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,…
Our cars are taking over the important functions of driving. Therefore, automakers and the others that control vehicle behaviour are learning to love thy neighbour. Since 2016 NHTSA has recommended highly automated vehicle systems, the HAV system, be deemed “the driver” for purposes of traffic laws. As responsibility shifts to manufacturers, self-driving vehicles will be…
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…
This pedestrian personal injury claimant alleged that the defendant negligently drove his vehicle over the back of her left ankle and foot while she stood outside a parkade talking with friends. After the accident, the driver spoke with a representative of the Insurance Corporation of British Columbia, ICBC, by telephone a notes of this conversation…
There are several new considerations when it comes to settling ICBC injury cases this year (**see update 2020 ICBC settlement predictions). ICBC began 2019 by withdrawing many settlement offers made in 2018 surprising many claimants without lawyers. Here is what to look out for when it comes to ICBC settlements: ICBC Internal Policy – ICBC…