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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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 longest-serving and founding investigation company in Manitoba.

Innovative:  We are able to address your concerns immediately.   Our results are fast because we have streamlined the process of case management by assigning an experienced investigator immediately to your file.   The investigator will communicate with you regularly throughout the assignment.

Value-added Service:  We are focused on the end result with each assignment.  This is what sets us apart from our competitors.  We grow by exceptional customer service.

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

Cost effective:  We have local and international coverage without the high overhead costs.

Availability:  We are available 24/7 to serve our clients and do what it takes to get the assignment completed.

Our local phone number is (204) 233-3439.  Our-toll free number is 1-877-233-2002.  Email us at duncaninvestigations@mts.net.   Our website address is http://www.duncaninvestigations.com

 

iPhone and Android Data Recovery and Discovery Investigations.

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.

We will investigate and retrieve all data and images from their phone at a reasonable price.   This includes any deleted data.   We do require the written consent of the person that has ownership of the iPhone or Android Phone.