On November 20, 2019, Thomson Rogers partner Stephen Birman was featured in an article by Elizabeth Raymer in the Law Times discussing an Ontario Court of Appeal decision on “Surveillance and social media in personal injury cases.”
“I think what’s interesting is that the trial judge took such a sweeping approach in terms of excluding all the surveilllance, and the Court of Appeal basically said the trial judge shouldn’t have been so sweeping in excluding all surveillance,” said Stephen Birman.
Stephen says that going forward this makes it more difficult to argue evidence should be excluded in its entirety.
“It’s going to be more difficult to try to argue that evidence should be excluded in its entirety…and the fous ought to be more narrow, on a specific photograph or part of the video,” said Stephen.
Read the full article here: Surveillance and social media in personal injury cases.