Schuster v. Royal & Sun Alliance Insurance Company of Canada, 2009 CanLII 58971 (ON S.C.)

  • September 20, 2016

Date: 2009-10-29 Price J. | Link

Plaintiff is suing her insurer for compensation related to injuries resulting from an automobile accident. Defendant seeks an ex parte preservation order and production of plaintiff's Facebook account, although it does not provide evidence that the Facebook profile contains relevant information, nor asked the plaintiff any questions about the Facebook profile during examinations for discovery. Moreover, the court could find no reason to conclude that the plaintiff would delete photographs from her Facebook account. Finally, the court asserted the Facebook users' privacy interests in their profiles and the role of PIPEDA in protecting that interest. The court did give the defendant leave to cross-examine the plaintiff on her affidavit of documents to ensure she has complied with her obligation to list and produce all relevant documents, including those on Facebook, if relevant.