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Social Media Accounts Need to Be Included in Each Party’s Affidavit of Documents

 Nov 1, 2018 2:00 PM
by Dan Inkpen

In the Superior Court matter of Isacov v. Schwartzberg, the plaintiff was involved in a motor vehicle accident. The Defendant sought production of the Plaintiff’s Facebook and Instagram accounts. There had been no prior acknowledgement by the Plaintiff that she had these social media accounts. The social media accounts had been discovered during the course of the preparation of a private investigator’s report. Master Short indicated that the plaintiff has put her social life in issue as well as her ability to do certain activities being negatively affected by her injuries from the accident. These issues because of this lawsuit are therefore now part of the public domain. Master Short concluded that in the present technological environment there is a need to include Facebook and similar online data relevant to matters in issue in personal injury litigation in the appropriate schedules of each party’s Affidavit of Documents. In this case, the production of the plaintiff’s Facebook and Instagram accounts were ordered for the period of three years prior to the motor vehicle accident. This is an evolution of the social media case law, which previously required defence counsel to establish that it existed and request it during discovery. 



Dan's practice areas of interest include accident benefit and bodily injury litigation, loss transfer and priority dispute arbitrations and subrogation litigation.

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