How Private is Your Life When You Bring a Lawsuit?

When you bring a lawsuit, whether as a plaintiff or defendant, navigating the process of document disclosure can be overwhelming. Many people don't realize how extensive the evidence-sharing requirements are, and how even small details can impact the case. Understanding privacy in lawsuits and how document disclosure works is crucial to protecting your rights throughout the legal process.

Understanding Document Disclosure in Lawsuits

When you bring a lawsuit, whether as a plaintiff or defendant, you're required to share any documents that are "relevant to any matter in issue in action," as outlined in Rule 30.02 of the Rules of Civil Procedure. This includes any documents you have in your possession, control, or power, unless they're protected by privilege. The scope of this disclosure often sparks legal battles, with both parties aiming to gather as much evidence as possible to support their case. Notably, it has long been established that a video is considered a document under the law.

Privacy Concerns in Personal Injury Lawsuits

In personal injury cases, such as those arising from motor vehicle accidents or slip-and-fall incidents, it's common for defendants to conduct surveillance of the injured party. This type of investigation is standard practice, and anyone filing a personal injury lawsuit should be aware that surveillance may be part of the process.

The Growing Role of Social Media and Digital Evidence in Legal Cases

The range of evidence available in 2025 is vast and continues to grow. Beyond traditional documents, there’s an abundance of information that can be gathered from social media posts on platforms like Facebook, Instagram, TikTok, X (formerly Twitter), and Blue Sky. Additionally, personal photos, cell phone content, and electronic journals or diaries are all easily accessible sources of evidence. But where should the line be drawn when it comes to privacy?

Legal Precedents: Privacy in Law in the Case of Ibrahimova v. Cavanagh

Recently, Justice Shaw provided clarity on this issue in the case Ibrahimova et al v. Cavanagh et al, 2025 ONSC 1152. In this case, the plaintiff had suffered severe medical complications following a septic pregnancy loss, including the amputation of her left leg below the knee, a brain hemorrhage, seizures, and a kidney transplant. The defendant doctors requested video and audio recordings from the plaintiff’s in-home camera system. This system, which was primarily used to monitor her safety and ensure her attendant care needs were met, was intended to be observed remotely by her husband.

The Balance Between Privacy Rights and the Legal Requirement for Evidence Disclosure

The defendants sought these recordings to challenge the plaintiff’s claim that she required attendant care. While Justice Shaw agreed that the recordings were relevant to the case—since the need for attendant care was in dispute—she also emphasized that the plaintiff’s privacy rights must be considered. Simply bringing a lawsuit does not mean the plaintiff waives all of their privacy rights.

Safeguarding Home Privacy in Legal Disputes

Justice Shaw recognized that a person’s home is the place where their most intimate and private activities occur. People have the highest expectation of privacy when they’re in their own home. In this case, the recordings were intended for the plaintiff's safety and to allow her husband to monitor her remotely, not to provide evidence for a lawsuit.

Ruling on the Privacy of Home Videos in Lawsuits

Ultimately, Justice Shaw ruled that forcing the plaintiff to disclose the private recordings would violate her "significant privacy interests." The sanctity of the home must be preserved. The decision made clear that it would be “shockingly intrusive” to require disclosure of these private recordings, reinforcing the idea that privacy in the home is protected, even in legal disputes.

Protection of Private Videos and Home Privacy in Legal Cases

This ruling cements the idea that videos recorded in the home—if not shared on social media—are private and protected. Had these recordings been shared on public platforms, the outcome might have been different.

Need Help Protecting Your Privacy in a Lawsuit?

Dealing with the complexities of privacy and evidence disclosure during a lawsuit can be challenging. If you’re concerned about how your private information might be used in legal proceedings, having an experienced lawyer by your side is essential. Our team can guide you through the process, ensuring your privacy rights are respected while you pursue your case.

Contact us today for a free consultation.