How have courts treated the term "subterfuge" in the context of a recording by a professional in a family law proceeding?
Ontario, Canada
The following excerpt is from L.D. v. A.E., 2020 ONCJ 417 (CanLII):
In Fattali v. Fattali, Justice Vogelsang referred to the recording as having been obtained by “subterfuge”. In F.(J.) v. C.(V.), Steinberg J. commented about the chilling effect that taping professionals might have. Such professionals might be less inclined to help parents and children involved in family law proceedings in the future, if there is a risk that he or she might be surreptitiously recorded, and then the recording is allowed to be used in the proceeding. That, said Steinberg J. at ¶ 27 of the decision, would not advance the administration of justice.
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