A client sues a former partner in civil court. What standard of proof applies?
Ontario Private Investigator overview
Ontario Private Investigator: Courts, intimidation, harassment and civil law
The Canadian court system, burden of proof in criminal and civil cases, intimidation under section 423, criminal harassment under section 264, interception of private communications under section 184, tort, libel, slander and perjury, and the parties to a civil action.
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Study reference: Ontario Private Investigator Study Guide (ontario.ca, October 2021), Ch. 4 Criminal and civil law — Canadian court system, Intimidation; Criminal Code ss. 184, 264, 423; Training syllabus Section 4
All 12 questions in this test
Every question and its answer choices. The correct answers and explanations appear when you take the test above.
A client sues a former partner in civil court. What standard of proof applies?
- A balance of probabilities
- Reasonable and probable grounds
- Proof beyond all possible doubt
- Beyond a reasonable doubt
How does the study guide say every investigation should be conducted?
- As if the case could go to trial
- As informally as the client allows
- As if only the client will read the report
- As quickly as possible, with paperwork done later
Which of these courts is the highest court in Canada?
- The Federal Court of Appeal
- The Supreme Court of Canada
- The Tax Court of Canada
- The Ontario Court of Appeal
When is recording a private conversation NOT an offence under section 184 of the Criminal Code?
- When one party to the conversation consents
- When the conversation is about a crime
- When the client requested the recording
- When the recording is made by a licensed PI
In a criminal trial, what must the Crown prove?
- Guilt by clear written admission
- Guilt beyond a reasonable doubt
- Guilt on a balance of probabilities
- Guilt on a reasonable suspicion
In a civil lawsuit, what is the person or business that starts the action called?
- The defendant
- The third party
- The Crown
- The plaintiff
Which kind of matter is NOT governed by Ontario's Rules of Civil Procedure?
- A neighbours' dispute over a property line
- A lawsuit for breach of a business contract
- A criminal prosecution
- A damages claim after a slip and fall
Surveillance could become criminal harassment under section 264 if the subject reasonably fears for their safety because you:
- Photograph their business sign from the street
- Repeatedly follow them from place to place
- Record their public activity from a parked car once
- Search land registry records for their home
Under section 423(2), attending near a dwelling is not watching or besetting when it is done only to:
- Show the occupant they are being watched
- Wait until the occupant agrees to talk
- Obtain or communicate information
- Pressure the occupant to settle a claim
Which conduct can amount to intimidation under section 423 of the Criminal Code?
- Reading court files about a person at the courthouse
- Asking a neighbour once whether a person lives nearby
- Taking one photograph of a person in a public mall
- Persistently following a person to compel them to act
Hidden in a lunchroom, an investigator records two employees talking. Neither knows or consents. What is this?
- Acceptable, because the lunchroom and its furniture are company property
- A criminal offence, since the PI is not a party and has no consent
- Acceptable, if the recording is only used in a report
- Acceptable, if the client owns the recording device
What is the difference between libel and slander?
- Libel applies to companies; slander to individuals
- Libel is spoken defamation; slander is written
- Libel is defamation in lasting form; slander is spoken
- Libel is a crime; slander is lying under oath
Courts, intimidation, harassment and civil law: key rules to remember
Our summary of what the official handbook says on this topic, in our own words. Read it before or after the practice questions above, then check the original chapter. Read the official chapter ↗
Canadian court system
- Every investigation should be run as if it could go to trial; procedural and administrative steps must be done with great care.
- The study guide's chart lists the Supreme Court of Canada, the Court Martial Appeal Court, military courts, provincial/territorial courts of appeal, superior courts and provincial/territorial courts, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada, plus federal and provincial administrative boards and tribunals.
- In a criminal trial the Crown must prove guilt beyond a reasonable doubt.
- In a civil case the burden is lower: the plaintiff must prove the case on a balance of probabilities.
Intimidation (Criminal Code s. 423)
- PIs must recognize intimidation used against them and how surveillance itself could become intimidation or stalking.
- s. 423(1): intimidation includes wrongfully, to compel someone to do or stop doing something they have a right to do: violence or threats, persistently following the person, hiding their tools or property, besetting or watching the place where they live or work, or blocking a highway.
- s. 423(2): attending at or near a dwelling only to obtain or communicate information is not watching or besetting.
- Syllabus: breaching the Criminal Code through intimidation or stalking can affect the admissibility of the evidence gathered.
Criminal harassment
- Offence when, without lawful authority, a person knowingly or recklessly harasses another so that the other reasonably fears for their safety or the safety of someone known to them.
- Prohibited conduct includes repeatedly following someone from place to place, monitoring their location, movements or interactions, repeatedly communicating with them, besetting or watching their home or workplace, and threatening conduct.
Interception of private communications
- s. 184(1): knowingly intercepting a private communication by any device is an offence (indictable, up to five years, or summary).
- s. 184(2)(a): the offence does not apply to someone with the consent of the originator or of the intended recipient.
- Study guide: never record a conversation without the knowledge and consent of one of the parties; recording two other people's conversation without consent is a criminal offence.
Tort law, libel, slander and perjury
- PIs must work within lawful authority; the syllabus requires a working grasp of tort law (civil wrongs), libel (defamation in lasting form, such as writing), slander (spoken defamation) and perjury (lying under oath).
Civil procedure basics
- Civil law deals with disputes between private citizens or businesses; criminal matters go to criminal courts and are not governed by the Rules of Civil Procedure.
- The plaintiff starts the action; the defendant is the one being sued; others brought in, usually by the defendant, are third parties.
- PIs may deal with civil matters in the Superior Court of Justice, Small Claims Court and family court.
Study the Courts, intimidation, harassment and civil law rules as flashcards →
Other topics
- The PI industry and getting licensedWho needs an Ontario private investigator licence under the Private Security and Investigative Services Act, 2005, who is exempt, the six licence types, eligibility (age 18, clean criminal record, right to work, training and testing), the 50-hour training syllabus, approved training providers and the licence term.
- PSISA rules, Code of Conduct and complaintsCarrying and producing your licence, the undercover exception, the ban on badges and on words such as detective and officer, the Code of Conduct (O. Reg. 363/07), public complaints and facilitation, refusals and appeals, work a PI may not do, and the penalties for breaking the Act.
- Privacy law: PIPEDA, FIPPA and MFIPPAHow PIPEDA's consent rules limit what personal information an investigation business can collect, use and disclose, the exceptions for publicly available information and investigations, access to government records under FIPPA and MFIPPA, and industry practice on expectations of privacy, hidden cameras, audio and GPS trackers.
- Evidence: types, Evidence Acts and chain of custodyDirect, circumstantial, hearsay, documentary (illustrative), real, trace, opinion and unsworn evidence, admissions, business records under the Ontario Evidence Act and Canada Evidence Act, and the six core steps for containing evidence and keeping a chain of custody.
- Trespass to Property Act and other statutesOccupiers and authorized persons, the three ways to commit trespass, notice by voice, writing, signs and red or yellow markings, arrest and handover to police, the $10,000 maximum fine, and the other Ontario statutes the syllabus names, including the Highway Traffic Act on surveillance.
- Criminal Code: arrest, force and offencesWhy a PI has only a citizen's powers, arrest without warrant under section 494, delivering a person to police, use of force under sections 25 to 27, defence of person and property, Charter rights on arrest and detention, and the offences the study guide names: theft, false pretences, fraud and kidnapping.
- Locating, research and surveillanceSetting a justifiable mandate, basic locator techniques, public records and research sources such as PPSR searches, the purposes of covert surveillance, what to know before you start, standard equipment, detection, and solo versus team surveillance methods.
- Interviews, statements and reportsPreparing for and conducting interviews, taking and correcting a witness statement, confessions and youth interviews, writing objective surveillance reports, correcting notes and using notes when you testify.
- Undercover work, email monitoring and serving documentsWhen undercover operations are used, briefing and supervising an operator, conduct that protects credibility in court, monitoring employee email, and serving civil documents under Ontario's Rules of Civil Procedure, including personal service, substituted service and the Affidavit of Service.
- Ethics, communication and self-managementEthical decision-making, duty of care, prejudice and the Ontario Human Rights Code, clear and unbiased communication, tactical communication, and managing stress, time, teamwork and changing conditions on assignments.