Our client had suffered a stroke during open heart surgery caused by an air embolism entering her blood stream. The defendants disputed their liability for the injuries alleged as well as the severity of the consequences of the stroke. On this application, the defendants sought an order compelling our client to produce all content from her Facebook and Twitter profiles, as well as documents from her hard drive, iPhone, and digital camera. The court accepted our argument that it must balance disclosure with privacy rights and, in this case, there was no reason to invade the plaintiff’s privacy. The judge held: “I am unable to envisage any rational justification for breaching the privacy rights of an individual in civil proceedings simply because it is alleged that the individual’s general health, enjoyment of life and employability are directly at issue. Merely because a record may be made of the communication shouldn’t make it any different than a private telephone conversation. If not, surely applications in civil proceedings for recordings of private communications can’t be far behind.” This does not mean social media will not commonly have to be produced – one should always assume that everything they put on the internet can become public.

Get Your Life Back

Contact us for a free consultation

  • Date Format: MM slash DD slash YYYY
  • Date Format: MM slash DD slash YYYY
  • Disclaimer: The use of the internet or this Form for communication with the firm or its lawyers and staff is not secure and does not establish a lawyer-client relationship. Do not send confidential or time-sensitive information through this Form. If you need to send this type of information please call us first.
Or call us at: 1-888-683-9621