Social Media and Internet Information

Link to older case law related to Admissibility of internet information

A.B. v. Bragg Communications Inc., 2010 NSSC 215 (CanLII)

  • June 04, 2010

Date: 2010-06-04 Docket: Hfx. No. 329542. Arthur J. LeBlanc J. | Link
Part of this decision deals with the disclosure by the Respondent of the identity and owner of an IP address, in a case alleging creation by an unidentified perpetrator of a fake Facebook profile, which included a photograph of the applicant and other particulars which identified her.

A.B. v. Bragg Communications Inc., 2012 SCC 46

  • September 27, 2012

Date: 2012-09-27 Abella J. | Link
Victim had unsuccessfully appealed the decision to deny her request to proceed anonymously and seek a publication ban on the fake Facebook profile because she had not demonstrated specific harm

Carter v. Connors, 2009 NBQB 317 (CanLII)

  • December 02, 2009

Date: 2009-12-02 Docket: N/C/66/07. Ferguson J. | Link
The defendant-applicant brought a motion to order the plaintiff to produce records of her Facebook usage from the time of her accident in this personal injury case.

Dosanjh v. Leblanc and St. Paul’s Hospital, 2011 BCSC 1660

  • December 05, 2011

Date: 2011-12-05 Master Taylor. | Link
Medical negligence case. At para 28 the court says "The defendant has not indicated the material fact or facts which it believes can be proved by searching the plaintiff’s personal computer and her social media sites. Rather, the defendant merely says that health, enjoyment of life and employability are in issue. Surely more is or should be required to meet the test of Rule 7-1(1)(a)(i) than just saying a particular matter is in issue in order to infringe on a litigant’s privacy."

Fric v. Gershman, 2012 BCSC 614

  • April 27, 2012

Date: 2012-04-27 Master Bouck. | Link
The defendant in this motor vehicle accident seeks photographs from the plaintiff's Facebook page including date of the picture and any comments associated with the picture. Defendant also seeks photographs and any metadata associated with digital photographs. The Master decided that the photographs and the dates were relevant to the allegation that the accident had led to lost mobility and diminished capacity. However, the comments attached to the photos in Facebook were excluded because "the probative value of this information is outweighed by the competing interest of protecting the private thoughts of the plaintiff and third parties".

Goodridge v. King, 2007 CanLII 51161 (ON S.C.)

  • October 30, 2007

Date: 2007-10-30 Docket: CV-05-042-00TT Platana J. | Link
Plaintiff's posting of photos on Facebook used as evidence that her injuries "have not interfered with her normal everyday enjoyment of life." (para 128)

Kent v. Laverdiere, 2009 CanLII 16741 (ON S.C.)

  • April 14, 2009

Date: 2009-04-14 Master Haberman. | Link
The action arises from a dog attack on the plaintiff. This is a motion by the defendant requesting all MySpace and Facebook pages for the 3 plaintiffs, four weeks before trial and more than 5 years since the incident. Original discoveries took place 4 years ago, and no request was made at that time for photos or for MySpace documents (which by this point was in use by young people). Based on the closeness of the trial, and the fact that the plaintiff does not explain how the Facebook and MySpace photos would be relevant to the matters at issue, the court dismissed the motion.

Leduc v. Roman, 2009 CanLII 6838 (ON S.C.),

  • February 20, 2009

Date: 2009-2-20 Docket: 06-CV-3054666PD3. D.M. Brown J. | Link
In this motor vehicle action the defendant, Janice Roman, appeals from the decision of Master Dash made August 14, 2008, dismissing her motion to compel production from the plaintiff, John Leduc, of all pages on his Facebook webpage (also called a Facebook profile).

Lougheed Imports Ltd. (West Coast Mazda) v. United Food and Commercial Workers International Union, Local 1518, 2010 CanLII 62482 (BC L.R.B.)

  • September 19, 2016

Date: 2010-10-22  Docket: B190/2010 ; 61304.  A. Matacheskie. | Link
Application regarding the termination of two employees for insubordination based on Facebook postings that the employer asserts were offensive, insulting and disrespectful comments about supervisors or managers. At para 108, the Board addresses the employer's uncertainty about what to do in a situation it had not faced before (i.e. use of social media to make derogatory comments about the employer.) Union's application was dismissed.

McDonnell and Levie, 2011 ONSC 7151

  • December 09, 2011

Date: 2011-12-09 Arrell J. | Link
A short survey of the case law related to production of information from Facebook. The plaintiff had testified on her discoveries that her physical activities were limited by her injuries, but stated she was unsure if her Facebook pictures would show her engaged in activities she had sworn were affected by her injuries. Access to her Facebook photographs is limited, and defendant sought an order of production of any pictures showing her engaged in any of these activities since the accident. The court dismissed the plaintiff's argument that her privacy concerns should be sufficient to prevent production.