As technology becomes more embedded in daily life, it is increasingly finding its way into family law disputes. On CTV Your Morning, the conversation turned to the growing use of digital surveillance during marital breakdowns, including GPS tracking, hidden apps, shared smart devices, and access to private messages. While some individuals believe this type of monitoring can strengthen their position in a divorce, the legal consequences are often misunderstood. Laura Paris, Associate Lawyer at Shulman & Partners LLP, joined the discussion to clarify where the legal boundaries lie and why evidence gathered through digital snooping can quickly cross into unlawful territory. Her commentary highlights an important and timely issue for separating spouses in Ontario, where privacy rights, evidentiary rules, and rapidly evolving technology intersect in complex ways.
“If they’ve put it out in a public realm, it’s usually fair game. Anything that you have to go dig a little bit deeper, maybe snoop somewhere, try to guess a password where you haven’t actually been given access to that, that’s where you should start to worry.”
— Laura Paris, Associate Lawyer at Shulman & Partners LLP
The segment explored how divorcing couples are increasingly turning to technology to monitor one another, often in the hope of uncovering evidence that could be used in court. This can include accessing social media accounts, tracking locations through GPS-enabled devices, reviewing shared calendars, or relying on smart home systems to capture information. While these tools may seem easily accessible, Laura explained that legality depends heavily on how the information is obtained.
A key distinction discussed was the difference between publicly available information and private data. Content that a spouse has intentionally shared in a public forum, such as open social media posts, may be considered fair game. However, attempting to access private messages, accounts, or devices without permission can raise serious legal concerns. Guessing passwords, installing tracking software, or exploiting shared technology in ways not originally intended can expose someone to consequences beyond family court, including potential criminal or privacy law implications.
The conversation also touched on how modern smart home technology complicates matters further. Devices like Google Home, smart watches, or fitness trackers often synchronize calendars, messages, and location data across platforms. While these systems are typically installed for convenience, they can inadvertently create access to personal information. Laura emphasized that courts may be skeptical of evidence gathered through such means, especially when the technology was not intended for surveillance or evidence collection.
Importantly, the segment highlighted that not all digital evidence carries the weight people expect. Many individuals assume that recordings, messages, or tracking data will significantly influence divorce proceedings. In reality, courts often place limited value on this type of information, particularly if it was obtained improperly. The risk of damaging one’s legal position can outweigh any perceived benefit.
For those concerned about being monitored, Laura advised practical protective steps, starting with securing personal accounts. Changing passwords, limiting shared access, and being mindful of connected devices can help protect privacy during separation. She also encouraged individuals to seek legal advice before attempting to gather or respond to digital evidence, noting that understanding the law early can prevent costly mistakes.
Overall, the discussion underscored the importance of caution, legal guidance, and respect for privacy when navigating separation in a digitally connected world.
Watch the full CTV Your Morning segment here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.