Having practiced for nearly 20 years in the area of accident and injury law, I pride myself in taking a conciliatory approach to litigation. My focus is on preparing cases for trial from day one so that the files settle. A well managed and prepared file is much more likely to settle! If you show opposing counsel that you are ready to litigate and take the case to trial, you are taken much more seriously and are more likely to settle cases for clients. I was recently mentioned in a newspaper article on the issue of ice falling from buildings and on the issue of dog owner liability in Ontario. I am attaching a copy of my Ottawa dog bite article. If you have been attacked or bitten …
Is an insurer entitled to have you followed and under surveillance? Yes. Defendant insurance companies often order surveillance on plaintiffs. The goal is simple: the insurance company wishes to see what activities you can and cannot do in your day-to-day life. If private investigators conduct surveillance and see you limit your activities based on a debilitating injury, there is no cause for alarm. However, private investigators seeing you more flexible, or more active than you reported to your insurer, could lead to problems. Consider this hypothetical scenario: David was in a motor vehicle accident and suffered whiplash. He claims his neck, shoulders, and lower back were in constant pain. However, footage from a surveillance video shows him painting his garage door from top to bottom, carrying a 5-gallon …