Court Case Reviews & Insights

By Janie A. Duncan, President of Duncan Investigations Inc. In Canadian criminal law, few cases have had the lasting impact of R. v. Stinchcombe. For legal professionals, investigators, and anyone concerned with justice, this decision is more than just precedent—it is a safeguard against wrongful convictions and a cornerstone of fairness. At Duncan Investigations Inc., we see firsthand how disclosure, or the lack of it, can significantly influence the outcome of a case. The S

Workplace investigations often navigate a complex intersection of labour law, privacy legislation, and evidentiary rules. A notable example of this interplay is the 2013 British Columbia Labour Relations Board (BCLRB) decision in Ikea Canada Limited Partnership v Teamsters Local Union No. 213 . The case provides critical guidance for unions, employers, and workplace investigators on the admissibility of evidence obtained through surveillance during labour disputes. Background

The role of a private investigator in the criminal justice system is both valuable and delicate. Investigators are often relied upon by defence counsel to locate witnesses, test evidence, and uncover facts that may not be readily available through traditional channels. However, the case of R. v. Dubros  demonstrates how quickly that role can shift from legitimate fact-finding into criminal exposure when boundaries are not carefully maintained. This case arose from the actions

How Canadian Courts View Private Investigators in Workplace Investigations The Supreme Court of Canada decision in Honda Canada Inc. v. Keays  remains one of the most important employment law cases addressing how employers can investigate employees, particularly where surveillance and private investigative techniques are used in workplace disputes. For employers, HR professionals, and investigators, this case provides important guidance on what courts consider reasonable when

In the world of investigations, few cases demonstrate the consequences of premature conclusions more clearly than the Richard Jewell case. In 1996, during the Atlanta Olympic Games, a security guard named Richard Jewell discovered a suspicious backpack containing a bomb. Acting quickly, he alerted authorities and helped evacuate the area—actions that undoubtedly saved lives. Within days, however, the narrative shifted. Jewell went from hero to suspect. When the Focus Turns T

I In a recent arbitration decision involving  BC Place  and the  BC General Employees’ Union (BCGEU) , Arbitrator Mark J. Brown provided a clear reminder of the limits of employer surveillance and the importance of respecting the exclusive jurisdiction of workers’ compensation authorities. Case Background Farid Nadem, an employee at BC Place, suffered a workplace injury in May 2023. His claim was accepted by  WorkSafe BC (WSBC) , which determined he was entitled to wage-loss