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.
Surveillance typically involves an insurance company or private investigator observing and recording a claimant’s activities after an accident or injury.
This may include:
Surveillance is commonly used in claims involving:
Insurance companies have a right to investigate claims. In personal injury litigation, surveillance is often conducted to:
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.
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:
Surveillance is commonly performed by licensed private investigators retained by insurance companies or defence counsel.
Investigators may:
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.
Yes. While surveillance is permitted, there are important legal limits.
Courts may reject or criticize surveillance evidence where:
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.
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.
Once disclosed, surveillance evidence can be reviewed, challenged, and placed into context by the injured person’s legal team.
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.
If you are involved in a 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.
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