I Always Feel Like Somebody’s Watching Me: The Use Of Surveillance Evidence

The Ontario Court of Appeal recently found that a trial judge permitted trial by ambush in failing to require pre-trial disclosure of surveillance evidence. In Iannarella v Corbett,¹ the Ontario Court of Appeal was asked to assess the appropriateness of a jury charge and the use of surveillance evidence at trial. The Court of Appeal substituted the jury's finding of liability and concluded that the use of surveillance footage should not have been permitted.

The Court of Appeal Overturns the Trial Decision

The plaintiffs, Mr. Iannarella and his wife, were rear-ended by Mr. Corbett. The plaintiffs commenced a negligence claim against Mr. Corbett and St. Lawrence Cement Inc. At trial, the jury found that the Mr. Corbett had not been driving negligently and dismissed the action. On the plaintiffs' appeal, the Court took issue with a variety of rulings made by the trial judge, most significantly, the improper admission of surveillance evidence and the improper charge to