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 …
Examinations for discovery is a process by which parties can have their legal counsel ask questions of opposing parties (and perhaps non parties) under oath before an official examiner in order to obtain answers to clarify the issues in the court action and avoid surprises at trial. There is no right to a trial by ambush in Canada and so the types of questions that may be asked is fairly broad. In 2010, the Rules of Civil Procedure which outlines a party’s right to discovery were amended. The scope of documentary and oral discovery changed. Previously, the scope of discovery was conducted based on being able to ask any questions “relating to any matter in issue” (note relating). Judges interpreted this part of the Rules as meaning being …