Justice for Simone Sanderson

Simone Sanderson

On September 2, 2012, Simone Sanderson’s body was found on the corner of Burrows and Main Street, in the City of Winnipeg, Province of Manitoba.  She was murdered.   We need your help finding the killer.   Please contact Janie Duncan at (204) 233-3439 or toll free at 1-877-233-2002.

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Why choose Duncan Investigations Inc.?

DUNCAN INVESTIGATIONS INC., is an international investigation firm committed to the highest standards in the industry and our success is measured by the results that we achieve for our clients.

 

Our Competitive Advantage

Unparalleled experience – We are one of the longest serving investigation companies in Canada providing stability and consistency in a volatile and competitive market.

Innovative – We are able to address your concerns immediately.  Our results are fast because we streamline the process of case management by assigning an experienced investigator immediately to your file that will communicate with you on an ongoing basis.

Value-added service – We are focused on the end result with each assignment.

Advanced Technology – We are constantly researching and providing the latest technology to surpass our competition.

Experience – We have the most experience in the industry while many of the larger companies are constantly experiencing high-turnover with their employees and management.  Most of the bigger companies have gone out of business or have amalgamated with other firms for financial reasons.  We grow by customer service.

Cost effective – We have international coverage without the high overhead costs that benefit our clients in the long-run because the larger corporations cannot compete with our prices.

 

Our toll free number is 1-877-233-2002.  Email us at duncaninvestigations@mts.net.   Our web site address is http://www.duncaninvestigations.com

 

The Discovery of an Affair – The Affair Snare

Affairs are never planned.  They usually happen when two people are in an environment when they spend considerable time together which can occur at the office, during extra-curricular activities, with friends, conferences or outings with friends.    Within all of these connections, there is one thing that is very common.  Affairs are very discreet.

Elaine, not her real name of course was a middle-aged woman.   She had been married to her husband for thirty years.  It was a difficult marriage and like most marriages,  it was not perfect.

Elaine was a stay-at-home mom that enjoyed raising her three children, all of whom were married with children of their own.   Elaine and her husband lived in a modest home in the city.    Her husband was on the road frequently for his business.  When he was not on the road, they were heavily involved in their church activities.

One day, when Elaine was going through her husband’s drawer, she noticed some unusual transactions on his credit card statements.  These transactions seemed to be consistent over time but she was unable to connect the business to any legitimate business while carrying out her own detective work.   She had suspicions that her husband was having an affair, but had no proof.  Their intimacy was non-existent.

Elaine struggled with the thought of him having an affair and when she asked him outright, he denied it and told her that she was crazy.   Elaine was not crazy.  When we began our investigation, the entity on the credit card was listed to one of the sleezy massage parlours in the city.   So we carried on and discovered that her husband was a regular customer.   He visited the parlour in the early morning hours.   We do not know what went on behind the closed doors, but we later met with Elaine to report our findings and evidence.   She was devastated and felt a tremendous sense of betrayal which is very common. There was more devastating news.    When Elaine saw the doctor, she was diagnosed with a sexually transmitted disease.   She said she was loyal to her spouse throughout the marriage but it would appear that a mistake in one or more encounters, affected her life forever.  She later divorced him.

It is not unusual to experience anger in the healing process.   This is quite common.  Mistresses or sexual partners are never special people because the relationship is built upon discreet encounters behind doors.  It is not a real relationship because real relationships are based on trust and love.   Don’t blame yourself but learn to stand on your own feet and consider all the wonderful blessings in your life and you decide what is good for you.

Has your life been turned upside-down from the Snare of an Affair?

Is your spouse sleeping with their IPhone?  Do they take their IPhone with them to the shower?    Are they discreetly texting all hours in the presence of family members, spending hours at the computer when you are sleeping?  Are they saying they are working late but when you drive by the office, the car is not at the usual spot.   Has your sexual intimacy decreased or possibly increased and has your spouse learned some new moves?  Has their personal hygiene improved?  Are they looking really good?  Have they lost a considerable amount of weight?  Are they buying new clothes?  Are they working out more?  When they come home, do you smell a different cologne or perfume on their clothes?  Are you receiving unusual hang-up calls at home from a private number?  Has their behavior changed drastically?   Do you have an unusual intuition that something is not right in your relationship?  Do they become angry and defensive when you confront your spouse if they are having an affair? Has your best friend been avoiding you and is not answering your calls?  Is your partner distancing themselves from the relationship or marriage at home?   Are they spending a considerable amount of time outside the home at certain times during the week?   These are some of the tell-tale signs of an affair.

Stay tuned for the next post, as we take you through a journey to guide you through this difficult process if you have discovered your spouse had an affair.    If you are going through a difficult time, I hope that my posts will help you get you back on your feet.

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Workplace Incidents & Investigations

At Duncan Investigations Inc., we carry out workplace incidents and investigations in accordance with the respective provincial Occupational Health and Safety Act and regulations.

As part of our involvement, we set policies and procedures of workplace investigations in conjunction with the legislation.  We are prepared to take on the investigation, in the event of an accident, illness, dangerous occurrence or death of an employee at your place of work.   We have specialized and standard data base forms that are specifically developed to guide the investigation, including a communication and execution plan.

When an incident occurs, we will secure the scene, evaluate the scene, gather the physical evidence, preserve the material evidence, gather any necessary documentary records and carry out witness interviews.

As part of our investigation, we collect the evidence, analyze the evidence, prepare a report and make specific recommendations for corrective action.  This report will include an analysis of the direct cause/s, indirect cause/s and root cause/s based on the facts in order to prevent similar incidents from happening.

We also have extensive experience conducing job safety analysis for employers to help them respond proactively, instead of reacting to accidents by carrying out investigations.

Our ultimate goal is to help organizations educate themselves to prevent serious accidents from occurring by identifying hazards before they occur.

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Duncan Investigations is celebrating 25 years of service!

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What employers should know about employees abusing workers compensation benefits in Manitoba.

We are receiving an increasing number of cases from agencies and corporations who suspect their employee is abusing the Worker’s Compensation Program in Manitoba.

If you suspect your employee is exaggerating his/her injury and you have video evidence from a third party to support your allegations, you will be required to provide the Special Investigations Unit  of the Workers Compensation Board of Manitoba with a “Third Party Video Questionnaire”.     This questionnaire outlines the process that is required to submit third party video images to the Worker’s Compensation Board (WCB) from an external party.   This source of the video image will have to provide permission for the use of the evidence.   The Special Advisor from “WCB” will review the evidence to ensure it is relevant, accurate, verifiable and credible.   If this evidence is sufficient, then the Special Advisor will forward this material to the manager or adjudicator handling the file.   They may also conduct their own investigation at their discretion.   All investigations carried out by the Special Investigations Unit must be in compliant with their investigation policy.    If they are considering retaining their own investigators, they have policies with respect to how surveillance investigations are carried out.  If their investigation is inconclusive, then the results are not contained in the claimant’s file.   For example, if “WCB” carried out an investigation by one of their own investigators that did not uncover anything relevant, this information would not be permitted in the claimant’s file.   However, if the results were conclusive, the claimant is entitled to review and respond to the outcome of an investigation and view any videotapes contained within their file by investigators retained by “WCB”.

If you suspect an employee is engaging in program abuse by witness accounts,  you can make a complaint to “WCB” by filing an investigation request form to be provided to the manager handling the “WCB” file.   It is important to provide as much information as possible, including the date of the complaint, all identifying characteristics of the party you are complaining about, including your relationship to the subject matter.  If the complaint demonstrates reasonable grounds of program abuse, an investigation may be carried out by “WCB”.   The discretion will depend solely on their decision based upon all the information that was provided in the complaint.   The results of any investigation carried out by “WCB” will only be disclosed to the employer, if the matter is under review or appealed.

If the “WCB” rules in favor of the claimant in a benefits decision, the employer is entitled to make a “Request for Review” of a decision and the adjudicator will advise you of this right in their decision.   If “WCB” rules against the claimant, the claimant is also entitled to the same process.

At this stage in the review, any new evidence will be considered for review. Therefore, if you are an employer and wish to undertake your own investigation, it would not be unreasonable to do so.

As part of our investigation, we will conduct a three day surveillance investigation on the claimant to establish their activities and provide video evidence.   The employer will have thirty (30) days from the date of the review request to provide the new evidence.   The claimant is entitled to review the evidence provided by the employer when the matter is under review.    The claimant will have fifteen (15) days to respond.    The new evidence that we provide the employer can only be used for the Review Office.

The Special Investigations Unit has no jurisdiction to review or obtain a copy of any of our findings that are under review because our investigation is carried out for the sole purposes of the review process.     Special Investigators or Special advisors of “WCB” carry out investigations for offenses under the Worker Compensation Board Act.   They report to the Director of Legal Services in Manitoba but when we carry out the investigation for the Review, acting on behalf of the employer, we are doing so as a civil matter.

The Review Office process is guided by an independent and impartial review of the file allowing that will evaluate all the evidence relevant to the issue, including any new evidence and these decisions are based upon the merits of each case.  There are no hearings held at this stage of the review.   It is a very informal process and you can appeal any decision made at this stage.

Please visit our web site at http://www.duncaninvestigations.com.  Any questions, please email duncaninvestigations@mts.net

Private investigations in  Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, Quebec,  Saskatchewan, the Northwest Territories.

 

 

 

Duncan Investigations Inc. has been selected the 2014 -2015 Consumer Choice Award winner for business excellence in the investigation category for the second year in a row.

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Insurance Fraud Investigations and the Privacy Law in Canada.

Insurers are in the business to protect the policyholder, but they must protect their interests to combat fraud in the industry.

If you are a policy holder of insurance, there is generally a clause that permits the insurance company to carry out any investigation when a claim is made on your policy.  You also agreed to fully cooperate with the insurer in the defense of a claim, including the insured’s right to investigate a claim by purchasing the insurance.

Not all insurance claims are subject to an investigation.  Only those claims that raise red flags are investigated.  In Pontillo v Zinger et al, 1010 ONSC 5337, the Judge ruled that “insurance companies do not need grounds to believe that a plaintiff is making a fraudulent claim before they conduct an investigation”.

When a claim is filed, an adjuster is generally the first point of contact with the insured.  He/she will take a written statement to obtain more detailed information about the claim and conduct the necessary preliminary investigation to protect the interests of the insurer and to ensure the claim is an insurable loss.   They will prepare the preliminary reports to the insurance company.

Private investigators are generally the next point of contact from the insurer if fraud is detected.   Surveillance is a common tool that is engaged by investigators to provide evidence to the insurer.   Investigators are governed by their respective provincial acts that give them authority to conduct investigations.   Private investigators are also governed by the federal privacy legislation.

The Personal Information Protection & Electronics Act (“PIPEDA”) is federal legislation that regulates the use of how private organizations collect, use and disclose information in the course of commercial activities.

Insurers must balance the privacy rights of the insured while protecting their own interests in handling claims.   These competing interests give rise to many privacy complaints under the (“PIPEDA”) and other torts actions.

According to the “PIPEDA”, commercial activities are defined as “…any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, including the selling, bartering or leasing of donor, membership or other fundraising lists.”

In State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada and Attorney General of Canada, Justice Mainville concluded that “there is no commercial activity” associated with hiring a private investigator to collect evidence  because the activity itself  is not considered a commercial activity when the surveillance is carried out to collect evidence to build a case for court purposes.

Investigators should be mindful of ensuring that the surveillances are practical and carried out where there is no reasonable expectation of privacy.

Insurers should also limit the information as much as possible when disclosing the particulars of the instructions to the investigator.   Insurers can disclose the location of the alleged injury by providing the investigator with a description of the claimant’s restrictions.   If the claimant is suffering from a mental health issue, it may be wise to disclose this information to the investigator, but always being conscious of limiting the information to what is reasonably necessary and pertinent to the claim.

The insurer should provide sufficient information so the investigator can positively identify with the claimant.  This may include: their name, address, description or photograph, make, model and license plate number and any other relevant information.   It is also important to provide clear and concise written instructions to the investigator and a description of the information required such, such as a report, video footage, photographs and any other relevant information.

The report prepared by the investigator should be factual, clear and concise and verifiable by providing the supporting video evidence or any other photographic evidence.    The video footage evidence should be limited to the claimant’s actions and not contain the identity of third parties.

Investigator companies should be licensed and qualified and hold general  liability insurance as well as errors and omissions insurance.

Insurance companies should establish they have used other options before resorting to a surveillance.   For example, if an insurer receives information that the insured is working while collecting benefits, it would be wise to have the investigator interview the employer first before engaging a surveillance.  If the investigator is unable to glean the information from the employer, the insurer has then established they have used alternative methods that are less intrusive before initiating a surveillance.

Surveillance can be considered intrusive on one’s privacy, even when it is carried out in the public.  Therefore, it is an important practice to balance the privacy interests of the insured while meeting the expectations of the insurer.