If you pursue a personal injury claim in Ottawa, or anywhere else in Ontario, there is a good chance surveillance may become part of your case. Insurance companies and defence lawyers frequently use surveillance to investigate claims and assess whether an injured person’s reported limitations are consistent with their day-to-day activities.
While surveillance is legal in certain circumstances, there are important rules, limitations, and disclosure obligations that apply under Ontario law.
What Is Surveillance in a Personal Injury Claim?
Surveillance typically involves an insurance company or private investigator observing and recording a claimant’s activities after an accident or injury.
This may include:
- video recordings
- photographs
- social media monitoring
- documenting physical activities in public spaces
Surveillance is commonly used in claims involving:
- motor vehicle accidents
- slip and falls
- long-term disability claims
- catastrophic injury claims
Why Do Insurance Companies Use Surveillance?
Insurance companies have a right to investigate claims. In personal injury litigation, surveillance is often conducted to:
- assess credibility
- evaluate the severity of injuries
- identify inconsistencies in reported limitations
- assist in settlement negotiations or trial preparation
For example, if an individual claims they are unable to walk long distances but are later observed engaging in the Ottawa Marathon, the defence may attempt to rely on that evidence.
However, surveillance does not always tell the full story. Short snippets of activity may not accurately reflect chronic pain, recovery struggles, or the after-effects of physical exertion.
The purpose is often to determine whether the injuries and limitations being claimed are consistent with the claimant’s observed activities.
Is Surveillance Legal in Ontario?
Surveillance in Ontario is generally governed by several legal principles and privacy considerations.
Relevant legislation and legal frameworks may include Ontario’s Rules of Civil Procedure, privacy laws relating to the collection and use of personal information and common law principles surrounding reasonable expectations of privacy
Importantly, surveillance is generally permitted in public places where individuals have a lower expectation of privacy.
However, investigators cannot unlawfully:
- trespass onto private property
- record individuals inside private residences
- harass or intimidate claimants
- engage in deceptive or illegal conduct
How Do Private Investigators Conduct Surveillance?
Surveillance is commonly performed by licensed private investigators retained by insurance companies or defence counsel.
Investigators may:
- follow claimants in public spaces, like the Rideau Center, parks, restaurants or community events
- record activities outside the home
- observe attendance at gyms, stores, or events
- review publicly available social media content
In some cases, surveillance may occur over multiple days in hopes of capturing evidence inconsistent with a claim.
Many injured individuals are unaware surveillance is taking place until later in the litigation process.
Can the Insurance Company Follow Me After an Accident?
Yes. While surveillance is permitted, there are important legal limits.
Courts may reject or criticize surveillance evidence where:
- it was obtained improperly
- it invades privacy rights
- it is misleading or taken out of context
- it causes unfair prejudice
Additionally, surveillance cannot be captured of an individual inside of their own home.
Ontario courts also recognize that people living with injuries may still attempt to participate in daily life despite pain or limitations. A brief video clip rarely tells the entire story of an individual’s medical condition.
What Happens After Surveillance is Conducted?
If surveillance is intended to be relied upon in litigation, it must be disclosed to the opposing party under Ontario’s Rules of Civil Procedure.
- video footage
- photographs
- investigator notes or reports
Once disclosed, surveillance evidence can be reviewed, challenged, and placed into context by the injured person’s legal team.
Social Media, Surveillance and Personal Injury Claims
Today, surveillance often extends beyond physical observation. Insurance companies may review publicly available social media accounts for photographs, videos, or posts that may appear inconsistent with claimed injuries.
For this reason, individuals involved in personal injury claims should be cautious about what they post online while litigation is ongoing.
Tips for Protecting Yourself During a Personal Injury Claim
If you are involved in a personal injury claim:
- Be honest about your limitations
- Follow your medical professional’s advice
- Be careful with social media posts because not everything is as private as it seems.
Do You Have Questions About Surveillance in Your Ontario Personal Injury Claim?
If you have questions about surveillance in your personal injury claim or believe surveillance has been conducted improperly, speaking with an experienced personal injury lawyer can help you understand your rights and legal options.
