The Use of Surveillance at Trial

The Court of Appeal released a decision today in Nemchin v. Green, 2019 ONCA 634.  The decision deals with a dispute over the exclusion of surveillance evidence and Facebook posts at trial.

Stephen Ross, Brian Sunohara, and Meryl Rodrigues were counsel on appeal for the appellant.

The Court of Appeal held that the trial judge made a number of errors in excluding the surveillance. However, these errors were deemed not sufficient to warrant ordering a new trial.

We have written an article called “The Use of Surveillance at Trial“, which contains a summary of the decision.  We anticipate that the decision will lead to surveillance and social media content being more broadly admitted at trial.