What is the test for producing copies of a plaintiff's Facebook page?

Ontario, Canada


The following excerpt is from Stewart v. Kempster, 2012 ONSC 7236 (CanLII):

I recognize that Brown J. in Leduc v. Roman, [2009] O.J. No. 681, 2009 CanLII 6838 (S.C.J.) took a somewhat broader view than I as to the likely relevance of material posted on the private portion of a plaintiff's Facebook account, and a somewhat narrower view of the need to protect the plaintiff's privacy interests in that content. In the end, though, Brown J. did not order production of any documents on the plaintiff's Facebook account, but merely granted leave to the defendant to cross-examine the plaintiff on his supplementary affidavit of [page159] documents about the nature of the content posted on his Facebook profile, so that he could learn whether it contained any relevant content.

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