Production of Plaintiff’s Facebook Posts in Courts

There has been a growing trend in production of the plaintiffs’ private Facebook posts in courts. On April 19, 2018, the Ontario Superior Court granted a motion to the defendant on production of the plaintiff’s private Facebook posts.

In the litigation world, the defendants usually hire private investigators to obtain evidence contrary to the plaintiff’s allegations. The defendant’s private investigator produced the plaintiff’s public Facebook postings including a photo of him riding a Jet Ski and lifting his two-year- old child. The plaintiff’s public photos contradicted his allegation of permanent injuries.

As the plaintiff’s public postings were relevant to his allegation of permanent injury and loss of enjoyment of life, the Court ruled that “..it is reasonable to infer from the presence of content on the party’s public profile that similar content likely exists on the private profile. ” The Court, therefore, ordered the plaintiff to produce his private Facebook postings for the trial.

We inform our clients about the consequences of portraying an ideal life on social media. This portrayal may conflict with the reality of their pain and sufferings as a result of an accident. If a court orders production of Facebook postings, then there is a mutual obligation to make disclosure under the Evidence Act .

Please contact Noohi Law for a free consultation if you suffered a personal injury. Our team of experienced lawyers will provide you free legal advice and will assist you with your potential claim. We will ensure the disclosure of all relevant facts and evidence to obtain the benefits you are reasonably entitled to, so that you can focus on your recovery.