Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering that no surveillance evidence is to be used at a trial where the existence of that evidence was not adequately disclosed.
In the recent case (Cavouras v. Moscrop) the Plaintiff was injured in a collision and sued for damages. ICBC, the insurer for the Defendant conducted surveillance of the Plaintiff and this was not disclosed in a timely fashion in the course of litigation. The Defendant conceded that they did not intend to use the evidence at trial but the Court, via a trial management conference, concluded it would be appropriate to go further and order that the evidence simply could not be used in these circumstances.
In reaching this decision Master Muir provided the following reasons: