What is the impact of surveillance evidence on discovery in civil litigation?
Ontario, Canada
The following excerpt is from Iannarella v. Corbett, 2015 ONCA 110 (CanLII):
In Chrusz, at para. 25, this court acknowledged that “[t]he modern trend is in the direction of complete discovery and there is no apparent reason to inhibit that trend so long as counsel is left with sufficient flexibility to adequately serve the litigation client.” It is time to harness the power of surveillance evidence in the service of the civil litigation culture shift towards early disclosure, accurate case evaluation based on the totality of the evidence, settlement where possible, and fair adjudicative processes based on full information, as Hryniak v. Mauldin proposes.
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