Sentences with phrase «surveillance evidence»

This often comes down to establishing constructive notice through video surveillance evidence, witness testimony, or the testimony of experts who can explain how long a dangerous condition likely existed.

Despite the undesirable consequences on privacy expectations it is worth remembering that such photos, much like more conventional surveillance evidence, are not necessarily harmful in and of themselves.

He claimed persistent low back and shoulder pain, but the judge, on the basis of surveillance evidence, found that he was not a credible witness.

Unifor, Local 433 v. Crown Packaging Ltd. (Giesbrecht Grievance), [2014] B.C.C.A.A.A. No. 43 (Dorsey) is a recent arbitral decision considering the admissibility of surveillance evidence in British Columbia.

When San Diego cab driver BasaalySaeedMoalin was charged with providing material support to terrorists based on surveillance evidence in Dec. 2010, his attorney, Joshua Dratel, tried to get the government's wiretap application to the Foreign Intelligence Surveillance Court.

NSA surveillance evidence leaked by Edward Snowden could play a role in finding justice for two Albany Muslims nabbed in a FBI «terrorism» sting nine years ago.

The defendant's insurer's paid # 25,000 into court in February 2005 and obtained surveillance evidence which showed Kirk driving, walking, standing and carrying shopping in an entirely ordinary manner with no apparent disability or pain.

One of the internal WSIB documents obtained by the IAVGO suggested that WSIB staff «consider how the anticipated activity will inform benefit - entitlement decisions,» and that there «must be a strong likelihood surveillance evidence will have a demonstrable impact on benefit entitlement.»

As such, if surveillance evidence is acquired after discoveries then the Affidavit of Documents must be updated, otherwise a defendant can be penalized in costs.5

Continuous surveillance evidence over a period of several days can greatly assist defence counsel to either build its case, or justify early settlement.

When investigating organized crime and robbery rings, police may use wiretaps, GPS data, cell phone data and other surveillance evidence to build the Crown's case.

The Union also submitted that it made sound labour relations sense to use the test of reasonableness in assessing surveillance evidence.

She is the co-author of several articles, including «The Hockey Arena: Liability for Spectator Injuries» (Winter 2006, The Litigator Magazine, co-author Chris Clifford) and «Ten Ways to Defuse Video Surveillance Evidence» (Spring 2002, Ontario Trial Lawyers» Association Conference Materials, co-author John McCarthy).

Following disclosure of the video surveillance evidence and subsequent comments by the medical experts, Kirk agreed to accept the # 25,000 paid into court out of time on the basis that she pay the defendant's costs from the payment in (circa # 21,000).

Surveillance evidence: 130 hours over a 5 - month period, including «the evening before the trial».

(i) The Trial Judge Should not have Granted Leave to the Appellants to Use the Surveillance Evidence

``... usual way in which surveillance evidence is handled...»: with reference to personal injury cases, the C.A. set out the following guide (in paras. 32 - 116), just the headings of which are as follows (ie required reading for personal injury & defence folks):

This came about because the trial judge did not require the defence to comply with the Rules in relation to the disclosure of the surveillance evidence and the provision of particulars.

[114] In my view, the improper use of the surveillance evidence gave rise to a form of trial by ambush.

The trial judge did not exclude the surveillance evidence under rule 30.08, nor did he assess its relevance and require the respondents to comply strictly with the rule in Browne v. Dunn before admitting it.

However, if an affidavit of documents has already been served, there is no duty to update Schedule «B» if litigation privilege is being asserted over the surveillance and reports.5 In order to be called at trial, the surveillance evidence must be disclosed at least 60 days before trial with the investigator listed as a witness.

At minimum, surveillance evidence must be disclosed in defence counsel's Affidavit of Documents, regardless of whether the defendant intends to rely on the surveillance at trial.

In Lis v Lombard, the Court held that the proffered impeachment evidence did not contradict the oral testimony of the Plaintiff and refused to admit the surveillance evidence.

Arbitrator Rogers concluded, following Ferenczy v MCI Medical Clinics (see Canadian Privacy Law Blog: Admissibility of video surveillance evidence), that it does not.

Surveillance evidence is only damaging to a personal injury claim when it depicts activities inconsistent with the Plaintiff's evidence.

For example, more complex issues may arise if you are not examined by insurance company - approved doctors, the time limitation in submitting a claim has expired, there was a misrepresentation on your application related to a pre-existing medical condition, the insurer has surveillance evidence that contradicts your claim, or there was a failure to have your injury or condition properly documented by your physician.

Successfully represented a school board in a discharge arbitration concerning theft of time and neglect of duties wherein surreptitious video surveillance evidence was used.

Surveillance evidence may have little probative value as the Tribunal itself has recognized in numerous decisions.