The Line Separating Acceptable Investigations From Intrusive Investigations

In the recent decision of Williams v. Sekhon 2019 BCSC 1511 the B.C. Supreme Court examined the line between an acceptable investigation of a personal injury plaintiff conducted by a defendant's insurer and an overly intrusive investigation which could result in special costs being awarded against a defendant. 

The case involved an unexceptional car accident that resulted in a law suit.  Liability was admitted and at the conclusion of the trial, the plaintiff, Mr. Williams, was awarded damages totalling approximately $850,000. The defendant's automobile liability insurer was ICBC and during the trial the plaintiff's lawyers argued that special costs should be awarded to the plaintiff "on the basis that the investigators working for the defendant's insurer 'grossly exceeded' the legitimate interests of an insured defendant to conduct an investigation into the validity of a personal injury claim and the consequential harm the investigation caused Mr. Williams by