Simon Cox

The plaintiff in a motor vehicle accident action brought a motion for the disclosure of unedited surveillance videos, surveillance reports, and a social media report in the defendants' possession.

The defendants claimed litigation privilege over the reports and the surveillance footage in which the plaintiff did not appear.

The court ordered the defendants to produce the unedited surveillance videos and social media images they had already partially disclosed, finding waiver of privilege by implication.

However, the court upheld the claim of litigation privilege over the investigator's reports and the surveillance footage where the plaintiff was not seen.

The defendants were also ordered to provide a further and better affidavit of documents detailing the particulars of the privileged surveillance.

Following a two-week jury trial for damages arising from a motor vehicle collision, the jury awarded the plaintiff $15,000 in general damages for a minor soft tissue strain.

The trial judge was required to determine whether the plaintiff met the statutory threshold under s. 267.5(5) of the Insurance Act.

The court found that while the plaintiff suffered a permanent impairment from a soft tissue injury to his left shoulder, the impairment was neither 'serious' nor 'important' as it did not substantially interfere with his employment or usual activities of daily living.

The plaintiff's claim for general damages was therefore dismissed.