The Absence of Exaggerated Evidence Does Not Support a Finding of Credibility

October 16th, 2020 by | Posted in Uncategorized

In R v. Alisaleh, the Ontario Court of Appeal (“ONCA”) recently considered whether a complainant’s absence of exaggeration supported a positive finding credibility. This decision strikes an important reminder for counsel, in both a civil and criminal context, to carefully review what elements of their client’s testimony will support a finding of credibility, and which…

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Is Chronic Pain Included Under the Minor Injury Guidelines?

September 14th, 2020 by | Posted in Insurance, Personal Injury

Is Chronic Pain Included Under the Minor Injury Guidelines? The answer to this question according the Reconsideration Decision in the case of 17-000835 v. Aviva General Insurance Canada is NO. T.S. was injured in a motor vehicle accident on January 16, 2015 and sought funding from his insurer, Aviva General Insurance Canada (“Aviva”), for medical…

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Car Insurance, What Exactly am I Getting?

September 4th, 2020 by | Posted in Insurance, Personal Injury

Many Ontarians think that car insurance exists simply to cover the cost of property damage when they are involved in an accident. Although this is certainly true, property damage plays a small role in what is a complicated web of coverage. The standard auto insurance policy includes many different coverages. The most prominent of these…

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Are Ontario residents covered under the Statutory Accident Benefits Schedule if they have an accident involving an off-road vehicle outside of Ontario?

July 8th, 2020 by | Posted in Litigation, Personal Injury, Uncategorized

In October of 2019, the Court of Appeal released its decision in Benson v. Belair Insurance Company Inc. This was two appeals heard together involving different parties and accidents but with a common issue. Both cases involved Ontario residents who were operating off-road vehicles (an ATV and a dirt bike) outside of the Province of…

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Hockey Injuries

May 22nd, 2020 by | Posted in Litigation, Personal Injury

The idea that a hockey injury caused by rough play may give rise to legal action is likely a foreign concept to most Canadians who grew up around the game. Hockey is an occasionally dangerous sport and is often played by tough competitors. As such, some degree of risk and the potential of injury is…

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The Threshold

March 25th, 2020 by | Posted in Litigation, Personal Injury

If you have been injured in an accident involving a motor vehicle, you will probably hear the expression ‘getting over the threshold’. When you make a claim for compensation for pain and suffering and a loss of enjoyment of life, you must show that you have a serious and permanent impairment. The question is: do…

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Children’s Treatment Centre 2019

January 6th, 2020 by | Posted in Community

This holiday season, Tierney Stauffer LLP was honoured to support the SD&G Children’s Treatment Centre in Cornwall, Ontario. Our firm, along with others from the legal community, made donations to this worthy cause. The Children’s Treatment Centre is a community funded agency that is dedicated to the prevention and treatment of child abuse. They provide…

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Sponsor-a-Hamper Program

January 2nd, 2020 by | Posted in Community

This holiday season, Tierney Stauffer LLP was proud to support the Caring and Sharing Exchange through their Sponsor-a-Hamper program. We sponsored 4 families including 5 adults, 9 children, 3 cats and a dog! The Sponsor-a-Hamper program at the Caring and Sharing Exchange matches organizations and individuals with families in need. For this program, hampers are…

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Annual Police Memorial Service on Parliament Hill

October 4th, 2019 by | Posted in Community

On September 28th, Ian Stauffer attended the Annual Police Memorial Service on Parliament Hill. The memorial recognizes the sacrifice of police and peace officers who have died in the line of duty. Ian sang at the Wall of Tribute, along with Sergeant C. Brown and David Brown. Prayers were said by Reverend Heard to the…

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