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The Use of Surveillance at Trial – Abridged Article

We have written an abridged version of our recent article, “The Use of Surveillance at Trial“.

In the article, Stephen Ross, Brian Sunohara, and Meryl Rodrigues say that a recent Court of Appeal decision will make it less onerous for defendants to rely on surveillance at trial.

The Court of Appeal stated that surveillance can provide context and can qualify a plaintiff’s testimony as to his or her true functionality. The Court of Appeal also said that relevant evidence on a critical issue should not be excluded. A jury is required to weigh all relevant evidence on the nature and degree of any impairment.