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- Will judges punish ICBC if the investigator turns his video camera on and off so that the video does not accurately show the whole story?
- The court may punish ICBC for improper video surveillance in a number of ways. The judge might not allow the video to be admitted into evidence. If a trial is before a jury, and members of the jury are outraged by the conduct of the investigator, the jury may be motivated to make a larger award for damages than it may have done otherwise. The judge may also award the injured person "special costs" if he or she concludes that ICBC knowingly used misleading video evidence. This means that ICBC must reimburse the injured person a much greater than normal portion of his or her legal fees.