Is a plaintiff required to produce a post-accident photograph from the private portion of his Facebook account?

Ontario, Canada


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

In Murphy v. Perger, [2007] O.J. No. 5511, 67 C.P.C. (6th) 245 (S.C.J.), Rady J. ordered production of photographs that were posted on the private portion of the plaintiff's Facebook account. However, that case is distinguishable for two reasons. First, there were photographs available on the publicly accessible portion of the Facebook account, which led to the inference that similar photographs were posted on the private portion of the account. Second, the plaintiff had served, and would be relying on, pre-accident photographs to assist in proving the impact of the accident on the plaintiff's lifestyle. The court reasoned that if the plaintiff felt that pre-accident photographs met the relevance test, post-accident photographs would be similarly relevant.

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