In the first Ontario decision addressing the admissibility of
enhanced photographs in a civil context, Justice Annette Casullo
issued a pre-trial ruling admitting into evidence police
photographs of an accident scene later enhanced by an expert
forensic photographer.
In Wasylyk v Simcoe County, the plaintiff suffered
catastrophic injuries after her vehicle lost control on a class 1
roadway, crossed the center-line, and struck oncoming traffic. She
commenced a claim against Simcoe County, the road authority
responsible for maintaining the roadway. As the parties agreed on
damages at $16,000,000, the trial proceeded on liability only.
The extent of compressed snow and ice along the stretch of
roadway where the accident occurred was contested. To support her
claim that icy conditions led to her losing control of her vehicle,
the plaintiff sought to tender enhanced versions of photographs
originally taken at the scene of the accident by investigating
police officers.
