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Category Archives: Surveillance in injury cases

Can the insurance company conduct surveillance of persons involved in personal injury claims? Yes, but there are limits. Ottawa accident and injury lawyer explains new case.

In a recent Ontario Court of Appeal case Iannarella v. Corbett, 2015 ONCA 110, the Ontario Court of Appeal provided useful guidance to injury lawyers on the issue of admissibility and use of surveillance evidence at trial. It is not an uncommon practice for insurance companies to seek the assistance of investigators to conduct surveillance of injured parties to determine whether their allegation of injury and disability are accurate. In this particular case, a person was injured in a car accident. Certain injuries and limitations were alleged. In advance of trial, the defendants retained a private investigator. That investigator obtained many hours of video surveillance of the injured plaintiff. However, the defendant failed to disclose to the plaintiff the existence of the surveillance footage. No particulars had been …