Yes. Insurance companies in Canada do use surveillance in long-term disability (LTD) claims.
If you’ve applied for LTD benefits — or you’re already receiving them — your insurer may hire a private investigator to observe you in public or review publicly available information about your activities.
For many people, this feels invasive and unsettling. But surveillance is legal within limits, and it does not automatically mean your claim is invalid or that you’ve done anything wrong.
This guide explains:
- When and why insurers use surveillance
- What they are (and aren’t) allowed to do
- How surveillance is used to challenge LTD claims
- What to do if your benefits are denied or cut off
When Do Insurance Companies Start Surveillance?
Surveillance is not automatic and usually does not happen at the start of a claim.
Insurers most often consider surveillance:
- During periodic LTD file reviews
- Near the transition from “own occupation” to “any occupation”
- When a claim has been ongoing for a long time
- If the insurer believes there are inconsistencies between medical reports and daily activity
In many cases, surveillance begins months or even years after benefits start, often without the claimant knowing.
If your claim is under review or reassessment, it’s especially important to understand how insurers evaluate disability over time.
How Often Do Insurance Companies Use Surveillance?
There are no public statistics showing how frequently insurers use surveillance. In practice:
- Surveillance is common in LTD claims
- It is more likely in claims involving chronic pain, mental health conditions, or illnesses with fluctuating symptoms
- It is less common in short-term or straightforward disability claims
What Type of Surveillance Is Legal?
Insurance companies typically hire licensed private investigators. Surveillance must stay within the boundaries of privacy law.
Insurers may:
- Record video or take photographs in public places
- Observe activity outside your home
- Review publicly available social media content
Insurers may NOT:
- Enter your home
- Record private conversations
- Trespass on private property
- Contact you directly
- Contact your friends, family, or co-workers
- Access private or restricted social media accounts
What Are Insurance Companies Actually Looking For?
Insurers are not usually looking for outright fraud. Instead, they look for activity they believe contradicts your reported limitations.
Common examples insurers rely on include:
- Driving regularly
- Shopping or running errands
- Carrying items
- Attending social events
Context is often ignored.
A short video clip or a single “good day” may be used to suggest you can work full-time — even when medical evidence says otherwise.
Courts have repeatedly recognized that:
- Disability can fluctuate
- People with disabilities still have good days
- Limited activity does not equal work capacity
Can Surveillance Be Used to Deny or Cut Off LTD Benefits?
Yes. Surveillance is frequently cited when insurers:
- Deny an LTD application
- Terminate ongoing LTD benefits
However, surveillance alone does not decide a claim.
In many cases:
- Footage is taken out of context
- Medical evidence outweighs surveillance
- Insurers draw conclusions that don’t reflect real functional ability
Surveillance by Specific Insurance Companies
Different insurers use surveillance in different ways, but the goal is usually the same: to find evidence they believe supports denying or ending benefits.
If your claim involves one of Canada’s major insurers, you may find these guides helpful:
Understanding an insurer’s past behaviour can help you anticipate how your claim may be handled.
What Should You Do If You’re Worried About Surveillance?
You do not need to stop living your life. But awareness matters.
Practical guidance:
- Be honest and consistent with your doctors
- Avoid overstating or minimizing your limitations
- Assume public activity may be observed
- Be cautious with social media posts and privacy settings
- Get advice before responding to insurer requests
What If Your Benefits Were Cut Off After Surveillance?
If your insurer relies on surveillance to deny or terminate LTD benefits:
1. Don’t panic
Surveillance is a common insurer tactic, and it rarely tells the full story.
2. Don’t respond impulsively
Insurers may pressure you to explain or justify footage before you understand how it’s being used.
3. Get legal advice early
How surveillance is challenged — and whether it’s put into proper context — can significantly affect the outcome of your claim.
Surveillance Is a Tactic — Not Proof
Insurance surveillance is designed to create doubt, not to fairly assess disability.
Many LTD claims are resolved in favour of claimants because:
- Medical evidence is stronger than surveillance
- Insurers rely on assumptions rather than capacity
- Courts recognize the limits of surveillance evidence
You still have rights, even if you’re being watched.
Get Help With a Surveillance-Related LTD Issue
If your long-term disability benefits were denied or cut off after surveillance — or you’re concerned about how your insurer is treating your claim — help is available.
At Samfiru Tumarkin LLP, our experienced disability law team assists claimants across Canada (outside Quebec) with:
- LTD denials
- Benefit terminations
- Surveillance-based disputes
Helping Disability Claimants Across Canada
We regularly assist individuals dealing with surveillance by major insurance companies — including Sun Life, Canada Life, Manulife, and Desjardins — and understand how insurers use surveillance when reviewing LTD claims.