Posts Categorized: motion

Three separate plaintiffs suing for damages arising from a dog attack, pursuant to Ontario’s Dog Owner’s Liability Act, had three different Facebook and MySpace accounts containing approximately 1,500 pages of photographs, blogs and emails.

In the 2009 Ontario Superior Court of Justice decision of Kent v. Laverdiere, Master Haberman extensively reviewed the merits of the defendant’s motion for production of the three separate plaintiffs and their social networking profiles, totaling more than 1,500 pages.

The main issue concerning this motion was the extensive nature of production sought (and the number of hours required to properly produce this information) versus the imminent Trial date, set for four weeks after this subject motion.… Continue Reading

One of the earlier Ontario cases dealing with disclosure of a plaintiff’s Facebook account profile was the 2007 Ontario Superior Court of Justice case of Murphy v. Perger (2007) 67 C.P.C. (6th) 245, in which Madam Justice Rady ordered production of a plaintiff’s Facebook account profile, which was marked as a “private” account but had 366 Facebook “friends” attached.

The defendant, in this productions motion, did not seek access to the email communications contained on the plaintiff’s Facebook account.

The plaintiff solicitor had, prior to this motion, produced pictures of the plaintiff showing her pre-accident activities, in support of her claim post-accident of suffering from fibromyalgia and TMJ (temporomandibular joint) disorder.… Continue Reading

You enjoy keeping in touch with family and friends on Facebook.  It is an easy way to stay current with old acquaintances.

Then you are involved in a car accident or slip and fall accident.  You are badly hurt.  Eventually you go to see a lawyer to help you start a lawsuit, as you are unable to work and earn an income.  Your ongoing pain and need to seek medical treatment convinces you that your injuries may be long-term.

You start a lawsuit. … Continue Reading