Is a plaintiff required to preserve and print a photograph of herself before and after on her webpage to be examined at trial?

Ontario, Canada


The following excerpt is from McDonnell and Levie, 2011 ONSC 7151 (CanLII):

In Parsniak v. Pendanather, [2010] ONCS 4111, a case relied on by the defence, the plaintiff advanced a claim for damages from a motor vehicle accident of 2006, emotional trauma and loss of enjoyment of life, as in the case at bar. At her discovery the plaintiff acknowledged having photographs of herself before and after on her webpage. The learned judge followed Leduc, supra, where it was held that the “trial fairness” required the plaintiff to preserve and print posted material and deliver a supplementary Affidavit of Documents and submit to further cross-examination if requested.

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