Can a plaintiff obtain a post-accident photograph from the private portion of his Facebook account?
Ontario, Canada
The following excerpt is from Isacov v Schwartzberg, 2018 ONSC 5933 (CanLII):
In Murphy v. Perger, [2007] O.J. No. 5511, 67 C.P.C. (6th) 245 (S.C.J.), Rady J. ordered production of photographs that were posted on the private portion of the plaintiff's Facebook account. In that case her Honour took into consideration the fact that the plaintiff had served, and would be relying on, pre-accident photographs to assist in proving the impact of the accident on the plaintiff's lifestyle. The court reasoned that if the plaintiff felt that pre-accident photographs met the relevance test, post-accident photographs would be similarly relevant.
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