Late Surveillance Can Be Costly

Published on February 20, 2018

Insurance companies typically like to obtain and rely on surveillance in personal injury and disability cases.  The hope – for them – it to catch a claimant doing something he/she said he/she could not do.  Surveillance can be obtained throughout the perosnal injury or disability claims process.  However, the fact that surveillance exists – and the associated details - must be properly disclosed to the claimant if litigation has been commenced.  Further, insurance companies run the risk of paying increased costs and having the surveillance excluded entirely from the trial of the action if they do not comply with the applicable timelines regarding surveillance.  The Courts have made it abundantly clear that the days of surprise and trial by ambush are to be things of the past.

In the recent decision of Jamieson v. Kapashesit, 2018 ONSC 279, the Court declared a mistrial and adjourned the trial as a result of the defendant obtaining and serving surveillance shortly before the trial was set to commence.  The Court also awarded the plaintiff in the action legal costs thrown away in the total amount of $11,300.00.