Presented at a Client Seminar on Surveillance
Summary of Findings
Attempting to introduce surveillance as evidence at trial is
becoming increasingly more challenging. In order to use
surveillance as substantive evidence at trial, the Court has made
it abundantly clear that certain requirements must be met.
Prior to setting an action down for trial, any surveillance
taken must be disclosed in the party's Affidavit of Documents.
Since there is an obligation on each party to an action to
continuously update their Affidavit of Documents, disclosing any
surveillance is necessary pre and post
discovery.1 If compliant, the parties would be well
aware of any surveillance conducted prior to trial. The party
surveilled also has the right to know the particulars of the
surveillance footage, such as the date and time the surveillance
took place, the location of the surveillance, the nature and
duration of the activities depicted, and the names and addresses of
the
