In Iannarella v Corbett, 2015 ONCA 110 the Ontario Court of Appeal provided clarity on the use of surveillance video as evidence and the onus of proof in a rear-end motor vehicle collision. Mr. Iannarella suffered a rotator cuff injury after Mr. Corbett rear-ended his pickup truck at a low speed during a winter storm. At trial, the jury found Mr. Corbett had not been driving negligently and the action was dismissed on liability grounds. On appeal, the Ontario Court of Appeal set aside the judgment and substituted a finding of liability because the trial judge did not adequately perform his gatekeeping function in relation to the evidence. A new trial on the issue of damages was ordered.
Preventing Trial by Ambush: Ontario Court of Appeal Clarifies Use of Surveillance Video as Evidence
April 2015
Kelly Santini LLP, Ontario

