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ARTICLE · 30 OCTOBER 2018

Surveillance: Activities and Problems

McCague Borlack LLP
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It is important for the lawyer or the adjuster to provide proper instructions to the surveillance investigator prior to the surveillance.

CanadaLitigation, Mediation & Arbitration
McCague Borlack LLP
McCague Borlack LLP
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Presented at a Client Seminar on Surveillance

The assessment of damages in personal injury claims is often challenging when dealing with injuries that cannot be measured objectively. Cases involving plaintiffs or applicants who allegedly suffer from chronic pain, fibromyalgia, or other conditions involving a persistent experience of pain, present an obvious problem with respect to quantifying damages.

Although the Supreme Court of Canada in Nova Scotia (Workers' Comparison Board) v. Martin has concluded that "chronic pain patients are suffering and in distress, and that the disability they experience is real", there nonetheless exists unscrupulous plaintiffs or applicants that feign or exaggerate chronic pain symptoms in an effort to cash in on claims against insurance companies.

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