What Can a Private Investigator Legally Do in Canada?

August 30th, 2022
Jaipreet Nanra
Barrister, Solicitor & Notary Public

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:

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

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

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