Knowledge Centre

Evidence, Investigation and Coverage in the Digital Age

Giles Deshon, Matthew Hiltz, David Thera, Paul Cooper
April 2013 RMC Canada, British Columbia, New Brunswick, Saskatchewan, Quebec

The role of digital evidence on an increasingly wide range of insurance claim disputes continues to grow.  For many insurers, the challenge of keeping up with changes in technology, trends in social media and the proliferation of data is matched by the constantly evolving legal framework that affects how insurance claims involving digital evidence can proceed. In this webinar, RMC members from across Canada review the latest legal developments in online investigations, digital evidence and coverage requirements and outline how insurers can effectively and safely proceed with these files.

The webinar addresses many of the common questions insurers are face when dealing with digital evidence including:

Digital and photographic evidence
Giles Deshon, Carfra & Lawton
Victoria (BC)

What devices are available and likely to be carrying critical evidence? When will the Courts order disclosure of photos and evidence from Facebook and other social media sites?When will the Courts order disclosure from, or copying of, digital devices such as smart phones, tablets or computers?

Production of workplace evidence
Matthew Hiltz, Cox & Palmer
Fredericton (NB)

How intrusive may your investigative techniques be? Can employers monitor the claimant’s online activity? What evidence is producible within the employment context?

Cyber-bullying and online defamation
David Thera Q.C.
McKerhcer LLP, Regina (SK)

When is coverage required in defamation cases? When do online comments cross the line and become actionable? When can the defence of responsible communication on matters of public interest be applied?

The Quebec Perspective
Paul Cooper
Donati Maisonneuve. Montreal (QC)

The webinar concludes with an overview of how digital evidence, investigations and coverage differ under Quebec civil law.

To view the webinar, please click here.

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