EVERY STEP YOU TAKE, EVERY MOVE YOU MAKE: THE NECESSARY STEPS TO ADMIT SURVEILLANCE EVIDENCE AT TRIAL
By MARK COOMBS, Student at Law The recent Court of Appeal decision of Iannarella v. Corbett, 2015 ONCA 110 has got lawyers talking. How can surveillance properly be used in an injury case?
A lesson learned: Don’t rely too heavily on surveillance
Fernandes v. Penncorp Life Insurance Company, 2014 ONCA 615 In the recent Court of Appeal decision Fernandes v. Penncorp Life Insurance Company, the Court of Appeal upheld a punitive damages award of $200,000 but reduced a damages award of $100,000 for mental distress to $25,000 in a claim involving disability benefits.
What Happens in Vegas Stays in Vegas: Statements to the Insurer
You’re in a car accident. You call your insurance company. You give a statement to your insurance company about what happened. And then you’re sued. Can the other side see your statement? According to the Divisional Court in Sangaralingam v. Sinnathurai (2011), 105 O.R. (3d), they can’t see your statement. This makes a lot of [...]
But Do You Really Mean It? Litigation Privilege and the Investigation File
Insurance adjusters are sometimes surprised when their investigation file ends up in the hands of the other side. This is especially true when they were suspicious of the claims being made at a very early stage. While we routinely see this issue every day in our practice, addressing it is not necessarily routine. At some [...]