In what circumstances will a court refuse to order the private portion of a plaintiff's Facebook account?
Ontario, Canada
The following excerpt is from Redmayne v Rose, 2015 ONSC 3011 (CanLII):
In Stewart v. Kempster, [2012] O.J. No. 6145, Heeney R.S.J. refused to order the private portion of the plaintiff’s Facebook account, finding that the test of relevance was not met. As the court noted at para. 31: The defendant’s request to search the plaintiff’s private correspondence and other data in her Facebook account in the hope that they might find something useful is akin to searching the plaintiff’s filing cabinet. It is a fishing expedition and nothing more.
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