In a personal injury action arising from a motor vehicle accident, the plaintiff moved for an order compelling the defendant to provide detailed particulars of surveillance conducted on the plaintiff.
The defendant agreed to disclose limited information but refused to provide full particulars where it did not intend to rely on the surveillance at trial.
The court held that the disclosure obligations under the Rules of Civil Procedure and the discovery process require full disclosure of surveillance particulars even if the defendant does not intend to use the evidence at trial.
Such disclosure assists parties in evaluating the strength of their cases and encourages settlement by preventing tactical surprise.
The motion was granted and the defendant was ordered to provide the requested surveillance particulars.
