Plaintiff's Facebook Profile With 200 "Friends" Order to be Produced in Personal Injury Lawsuit
Bougadis Chang LLP
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The plaintiff had been hurt, as a 23 year old, in a car accident about 7 years prior to this Facebook motion for disclosure. At the time of the motion, he was 30 years old and living with his Mother.
Significantly, he had been designated as having catastrophic injuries (CAT) pursuant to the Statutory Accident Benefits System (SABS) prior to this motion.
The plaintiff had approximately 200 "friends" on Facebook and had designated most of his site as "private". There was a small portion of his site which was available to the public, which was disclosed to the defendant.
The defence sought production of the Facebook account, as well as further disclosure of various computer records, in order to test the plaintiff's claim - despite the Catastrophic designation - including to attempt to gauge his level of activity for a four year period (from 2004 to 2008) and also to test his claims that he could only sit for approximately 15 minutes at a time prior to feeling discomfort.
In a detailed analysis, Master Pope allowed the motion for the plaintiff to preserve and produce his Facebook account.
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