I know a private investigator is following me – can he talk to me?

No. If you are represented by a lawyer, a private investigator acting on behalf of an insurance company or opposing party cannot speak with you directly. In Cowles v. Balac, the Ontario Superior Court of Justice held that it is improper for an investigator to engage a represented party in conversation. Even if the party initiated the interaction, the investigator must immediately disclose their identity and purpose and should not proceed with any conversation. Lawyers are responsible for the conduct of their investigators, and any evidence obtained in breach of this rule may be excluded from trial.