Ferenczy vs. MCI Medical Clinics

The case of Ferenczy vs. MCI Medical Clinics was a decision rendered in the Ontario Superior Court by Justice Dawson.

This case involves a patient named D. Ferenczy.  She sued her doctor for professional negligence in the diagnosis and the treatment of a cyst located on the inner part of her left wrist. The procedure was carried out on February 17, 1999. The plaintiff, D. Ferenczy, claimed that as a result of the failed procedure, she was unable to hold small items for a long period of time with her left hand. She also claimed that she was unable to work and as a result, she suffered a loss of income.

The defendant, the doctor, disputed her claim. A private investigator was retained by the Canadian Medical Protective Association to dispute the credibility of the plaintiff’s evidence. The private investigator conducted a surveillance on Ms. Ferenczy and collected an eight minute video surveillance footage of Ms. Ferenczy holding a coffee cup at a coffee shop without any visible signs of physical impairment.  This investigation was carried out without Ms. Ferenczy’s consent.

The Issue and Court Ruling:

Whether or not the video tape could be admitted as evidence against Ms. Ferenczy as the Counsel for Ms.  Ferenczy argued that the taking of the video and its disclosure contravened the Personal Information and Protection of Electronics Act [PIPEDA], and therefore submitted the evidence rendered to be inadmissible.

The court ruled that the PIPEDA applies to personal information that is collected and disclosed for “commercial purposes”, and that defending a liability claim is not considered a commercial activity because the collection of the information is being used for the purposes of defending the doctor in a civil lawsuit. The court also ruled that the collection, use, and disclosure of the videotape would not contravene the PIPEDA on the basis that private investigators are acting as agents for their clients, and furthermore, Ms. Ferenczy implicitly consented to the collection of the videotape evidence when she filed the court action against the Defendant.  Justice Dawson further ruled that the collection of the videotape is related to the investigation of a claim, and therefore ruled the videotape evidence tendered at trial be admissible.

Duncan Investigations Inc. is a licensed, bonded, private investigation firm in Manitoba.  We  conduct surveillance investigations for court purposes.  We act on behalf of insurance companies, adjusters, corporations, businesses,  associations, families and individuals.

We can be reached at (204) 233-3439 or toll free at 1-877-233-2002.  Our web site address is http://www.duncaninvestigations.com.  Our email address is duncaninvestigations@mts.net

 

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Background Investigations in Manitoba

Personal Investigations and Pre-Marital Investigations:

We are finding in our industry that more people are meeting their significant person online.   It does not take as much energy, time and money,  as it would meeting someone in the public.  However, the problem with those using dating sites is you can never really know the identity of the person.

We have witnessed vulnerable seniors becoming victims of scam artists while others have been heartbroken because the person they were communicating online was married with children.

In these types of cases, we will conduct a through investigation with respect to the person’s identity, address, phone numbers, email addresses, IP addresses, criminal records, marital status, employment, salary, education, court records, divorce history, bankruptcies, personal property records, assets, family and business records.



Employment Investigations:

If your inquiry is for an employment matter, we will require the applicant’s written consent.  As part of our investigation, we will verify the authenticity of the applicant’s resume, credentials,  qualifications, education, licenses and references.   We will conduct a criminal record check on the applicant, if the criminal record of the applicant will have an impact on the their  ability to perform their duties.  In some cases, employers cannot discriminate against an applicant if he/she has a criminal record.  If the applicant was applying for a bank teller position, the employer would be justified in conducting a criminal record check on the applicant.   We conduct investigations in compliance with the Human Rights Legislation and common-law.



Vendor Screening Investigations:

We act for corporations by screening vendors to ensure they meet certain qualifications.  We will verify the authenticity of the business, owners/directors/shareholders, check on the physical address, number of employees, credit history, judgments and criminal records of key personnel.  We carry out screening for the purposes of ensuring that the company you are affiliated with is legitimate and reputable.

At Duncan Investigations Inc., we have served the community locally and globally for 28 years.   Please contact us by phone at (204) 233-3439 or toll-free at 1-877-233-2002 or by email at duncaninvestigations@mts.net.  Our website address is http://www.duncaninvestigations.com.   We are currently upgrading our site to reflect our new services and we anticipate it to be published on January 8, 2017.

Thank you for visiting our site.

 

 

Expert and Experienced Private Investigations in Brandon, Manitoba

At Duncan Investigations, we have served the investigation industry for 28  years locally and globally.

We are the longest founding private investigation service in Manitoba.  We are licensed, bonded and insured.  We have extensive experience in all types of investigations.  We are committed to the highest standards in the industry.  We are focused on achieving results for our clients in a prompt, professional, respectful, affordable and professional manner.    We grow by customer service and we are available to serve you 24/7.

We provide the following services:

  • Adoption Services Adoptions/Records/Archival Services
  • Background Investigations
  • Corporate Investigations
  • Corporate Risk Investigations
  • Detect Hidden Recording Devices
  • Due Diligence
  • Discreet Infidelity Surveillance
  • Child Custody & Spousal Support Investigations
  • Children Safety Investigations
  • Due Diligence Investigations
  • Fraud
  • Insurance Fraud
  • iPhone & Android Forensics
  • GPS Tracking Devices
  • Legal Investigations
  • Loss Prevention
  • Missing Persons & Location Services
  • Occupational Health & Safety
  • Risk Mitigation
  • Records
  • Surveillance Investigations
  • Workplace Investigations & Incidents

If you have a specific inquiry, please feel free to email us at: duncaninvestigations@mts.net or by phone at (204) 233-3439 or toll-free at 1-877-233-2002.  Our website address is http://www.duncaninvestigations.com.  We are currently updating our website to reflect our current services and we anticipate it to be published on January 8, 2017.

 

 

Detect Hidden Cameras & Listening Devices.

If you suspect that your home, business, office, warehouse,  or vehicle is bugged with a hidden camera or listening device, our technology will locate all types of hidden video cameras, GPS trackers, bumper beepers, telephone transmitters, wireless microphones, and the infinity listening device.

Call us today at (204) 233-3439 or toll free at 1-877-233-2002.

Email us at duncaninvestigations@mts.net

 

Visit our website at http://www.duncaninvestigations.com

 

 

iPhone Forensic Data Recovery and Discovery

Do you suspect that your spouse is sexting?  Do you have concerns about your children’s activity on their iPhone?   Do you suspect your spouse is viewing pornography on their iPhone?   Is your employee spending too much time on your iPhone?

Our mobile forensic technology will retrieve all purposely or accidently wiped out data.  We can recover text messages, call history, web sites, contacts, internet history, photos, voice memos, appointments and much more.

Call us today at (204) 233-3439 or toll free at 1-877-233-2002.  Our rates are extremely reasonable.

Child Custody Issues/Investigations in Winnipeg. After the Discovery of an Affair.

Child Custody Issues/Investigations

The Discovery of the Affair can be a very emotional time for everyone. You have to decide whether or not you want to remain in the marriage. It is difficult for many spouses because they have lost the ability to trust their partner and they are angry.

I always encourage my clients to consult with a lawyer and truly think about your children during the process because they are listening and observing the situation. Try to solve the problem rationally and separate your emotions and bitterness from the issue. Do not allow your anger that you may have against your ex-spouse to cloud your decision-making or judgment. Focus on making reasonable decisions that are in the best interests of your children. Legal issues of separation, custody, access and parenting are decided by these very basic principles when Judges make their decisions when considering what is in the best interests of your children. Children need both parents and it is very rare today that a Judge will award sole custody to one parent, unless there is significant and reliable evidence that the other parent is not fit.

Our role in these types of family matters is to gather relevant evidence for court purposes, in the event that you have concerns that your ex-spouse may be abusing alcohol, drugs or involved in any illegal activity while your child or children are in his/her care. If he/she was physically or mentally abusive during the marriage, we will investigate their history to establish if this was a pattern in past relationships. However, keep in mind that the evidence of the past is not as significant but may give you some peace of mind, particularly when your spouse blamed you for his/her actions.

We also get involved in family matters when you suspect your spouse is violating a certain provision of an order pronounced by the presiding Judge. For instance, if the Judge has ordered one party to abstain from drinking alcohol 24 hours prior to an access visit and you suspect that your ex is not abiding by this condition, we will conduct a surveillance to ascertain their activities 24 hours prior to the visit. We will also monitor your children during an access visit, if you have serious concerns about the welfare of your children, particularly if the other parent has a new significant person in their life. We are often asked by our clients to investigate the family background of another person, particularly if this person is living with your ex.

I will often hear that the police become involved when one party files a criminal complaint. The other party will claim the complaint was made maliciously and without merit. If one party lays a complaint of abuse to the police and the police have reasonable and probable grounds to lay a charge, they must do so, under the zero-tolerance policy of domestic abuse in Manitoba. We will also carry out an investigation to ascertain the credibility of the allegations and further investigate, if you say the complaint was false. When the level of threshold of evidence is low, the likelihood of false allegations is higher because all it takes is for one person to lay a complaint and police do not have to investigate the motives or the credibility of the person that made the complaint.

If you require an experienced investigation firm, our team of investigators will assist you in gathering the necessary evidence for court.   We are the longest founding investigation firm in Manitoba.   We may be reached at (204) 233-3439 or toll free at 1-877-233-2002.   In the alternative, you may reach us at duncaninvestigations@mts.net.

 

Private Investigations in Winnipeg, Manitoba: Adultery and Divorce.

Adultery and Divorce.

In order to file for a divorce in Canada, one spouse must prove there is a breakdown in the marriage. There are three areas that the courts will consider to be a marriage breakdown. They are as follows:

1. If you and your spouse have been living separate and apart for one year or more;

2. If one spouse committed adultery;

3. Mental or physical cruelty that was too intolerable to remain in the marriage.

We help families in crisis when they suspect their spouse is having an affair. It is difficult to prove adultery.  In order to prove adultery, we would have to show that your spouse engaged in sexual intercourse outside of the marriage. If your spouse admitted to adultery, that would be recognized by the courts as evidence, providing the spouse signed an Affidavit admitting to the adultery.

Generally, we are hired in these circumstances to provide peace of mind to our client, so that they can deal with the issue with their spouse, particularly when the person having an affair denies it. We will follow them and provide physical evidence of their activities along with a detailed report. This report can be filed as an exhibit, if we find evidence that is relevant to any future court proceedings. We will sign an Affidavit on your behalf. This Affidavit will form part of the court proceedings and therefore may be subject to cross-examination by the opposing lawyer. We have testified in many court cases over the years.

Call us today at (204) 233-3439.

Winnipeg Private Investigators Ethical Cell Phone Hackers in Winnipeg

Please be advised that we are making the public aware of a company that charged $2500.00 to carry out an ethical cell phone hack which should only cost about $125.00  This company just started their business in 2015.  In fact, this company called us in the summer about the technology.  Please call us at (204) 233-3439 or 1-877-233-2002.  We have been in the industry for 28 years.   We can assure you that our prices with respect to this type of investigation are very reasonable.   Buyer Be Aware.

Risk Management Investigation Services

Manage your Risks

250 x 250

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