If you are entering a personal injury claim against an insurance company, it is perfectly legal for defense counsel to hire a private investigator. However, provincial legislation limits surveillance to protect your privacy. 

While it may seem intrusive, a private investigator is permitted to take photos and videos of you in public settings, in an attempt to catch you performing an activity that is inconsistent with your claimed injuries. If they are able to capture you exaggerating your injuries, displaying movements that conflict with your claimed diagnoses or showing ways that prove you may not be injured at all, it can lead to you losing your case and failing to get the compensation you deserve, despite being truly in pain. When you are suffering, it is important to be aware of how your actions may appear to others who are unaware of how you are truly feeling inside.

Here are some examples of where and how they can legally surveil you:

• Daily Activity – a private investigator may start their investigation at your home and follow you throughout your day; while you are driving, walking, grocery shopping, or performing home maintenance.
• Online – nowadays it is quite simple for investigators to follow your online activity. Through Google, they can find out what your business or leisurely interests are, your employment history, or your community involvement. They can also view your publicly-available information on social media accounts, or pose as friends for deeper access. Even with privacy settings, your information may be more public than you think.

Here are some examples of ways that they are NOT permitted to surveil you:

• Pose as law enforcement
• Trespass on your private property
• Tamper with your mail
• Put a GPS tracking device on your car
• Record a conversation without your consent

Being aware of surveillance laws and illegal surveillance helps you protect your privacy while upholding your credibility during a personal injury claim.

Please reach out to us if you have questions about your privacy rights or are considering a personal injury lawsuit. You can reach us at (905) 595-2225 or info@gosailaw.com.