January 26, 2018

Beard Winter LLP’s Cary Schneider wins important surveillance decision for RSA

Beard Winter LLP’s Cary Schneider wins important surveillance decision for RSA

Written by: Cary N. Schneider




Insurance defence litigator Cary Schneider has won an important motion for Royal & Sun Alliance Insurance Company.  Claimant counsel sought to exclude surveillance on the basis that the claim is based primarily on cognitive limitations and that this surveillance showed him active physically painting a garage.  It was alleged that the surveillance cannot show his cognitive limitations and therefore ought to be excluded as being highly prejudicial on the basis of recent case law in superior court.  The Adjudicator disagreed as he found that the evidentiary rules as set out in the Statutory Powers Procedure Act are more inclusive than at Superior Court and therefore found that the surveillance was admissible in an accident benefits case.  This is an important win for insurers as claimant counsel are currently taking aggressive action to exclude surveillance that is hurtful to their cases.

Scott v. RSA (2018)  Motion on the admissibility of surveillance evidence.

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