A personal injury class action lawsuit was settled by agreement regarding British Columbia residents who were infected with the Hepatitis C virus by transfusion of blood from the Canadian blood supply before January 1, 1986 and from July 2, 1990 to September 28, 1998, and their family members and estates. The settlement agreement was approved by…
In a stunning decision the BC Court of Appeal ordered a new trial after this personal injury claim was wrongly dismissed(Miller v. Dent, 2014 BCCA 234). The trial judge failed to determine whether the traffic light was green, red or yellow at the material time and therefore the Court of Appeal found that it was wrong…
An award for personal injury losses requires a trial judge, orally or in writing, to provide adequate reasons justifying the award. However this was not done in the following case, illustrating the real prejudice inadequate reasons can pose to innocent personal injury claimants. The injury claimant, riding as a front seat passenger had her feet hanging…
Personal injury lawyers in BC will want to take note that the Court of Appeal has reversed an award of trial costs as the judge was clearly wrong in finding that the defendants were successful. (Loft v. Nat,2014 BCCA 108). The Court of Appeal makes it clear that obtaining less money than what was requested…
After a car accident injury there is a big difference between a loss that “may” occur in the future and one in which there is a “real possibility”. Personal injury lawyers have long been trying to put some logic to this distinction and now the following Court of Appeal case introduces “realistic possibility” (Kim v. Morier, 2014…
Yoga therapy likely mitigated further loss for this personal injury claimant as the trial judge awards life long Yoga therapy. The Court of Appeal upheld this $28,000 award for a yoga club membership as part of the cost of future care and $100,000 future wage loss award recognizing that the claimant was a high performing…
In many personal injury cases offers to settle are made before going to trial to avoid the cost and risk. These offers are referred to as “without prejudice offers of settlement”. In this tragic pedestrian crosswalk case(Paskall v. Scheithauer,) The claimant was asking for some $2 million but the jury only awarded her $82,400 and found…
In this crosswalk personal injury occurring in Port Coquitlam (Paskall v. Scheithauer,2014 BCCA 26) the jury found a pedestrian twenty percent fault for her fractured her skull and traumatic brain injury after attempting to cross at a marked crosswalk. The verdict was upheld by the BC Court of Appeal despite the appellants plea that she was lawfully within a…
This personal injury claimant suffered soft tissue injuries in a car accident which developed into pain disorder. The issue at trial was the assessment of damages, and the first jury awarded her $528,000.00. This amount was overturned on appeal creating a a new “Reliable Hearsay Test” in personal injury cases. The second jury awarded her only…
Mr. Renn Holness has been a trusted personal injury lawyer in Vancouver since 1995 and the following is his own list of the top cases for personal injury lawyers. THE BIG LIST For all you legal beagles out there, lawyers, law students, even law professors that enjoy reading personal injury law and related topics I’ve…