How About Electronic Discovery?!

Via Legal Blog Watch, Canadian Justice at the Superior Court of Justice in Ontario, D. M. Brown, decided in Leduc v. Roman, [2009] CanLII 6838, CarswellOnt 843 (ON Sup. Ct.) that clients must produce information posted on Facebook, Flickr, Twitter and other similar social media sites, even where they have blocked their accounts from public access, as a part of discovery process.

Leduc involved a personal injury case in which the plaintiff claimed damages for loss of enjoyment as a result of defendant’s negligence. At some point in discovery, the defendant learned that Leduc maintained a Facebook account and sought production of Leduc’s Facebook pages. The discovery master denied the motion, finding that the defendant failed to establish the relevance of the Facebook pages to the question of whether Leduc’s enjoyment of life had been diminished. In addition, the master expressed some concerns regarding Leduc’s privacy. On review, Judge Brown disagreed.

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