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.
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.