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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