The decision of Syed v. Petrie, 2020 ONSC 664 serves as an important refresher on the law of admissibility of surveillance at Trial for both Plaintiff and Defence counsel, particularly in relation to the late delivery of such reports.
This recent appeal decision provides further guidance on the use of surveillance and Facebook posts since the seminal case of Iannarella v. Corbett, [2015] ONCA 110, which dealt primarily with disclosure obligations associated with surveillance on which a party later intended to rely.
Late disclosure of surveillance evidence, in breach of the defendant’s continuing disclosure obligations, led the trial judge to exclude surveillance evidence both as substantive evidence and for the purpose of impeachment.
