Volume VI

Issue : 10: May 15, 2008

• U.S. Court Sets Formula for Online Music Royalties
• Court Issues Split Decision In Lucent Microsoft Patent Row
• Manitoba Teen Charged with Impersonating Teacher on Facebook
• Amazon Sues New York State over Requirement to Collect Sales Tax
• Apple Settles Canadian iPod Class Actions
• Social Networking Websites Effective Tools of Communications in Emergencies
• Court Rules No Likelihood of Confusion with Use of Competitors Trademarks in Metatags
• Bell Canada Hit with Privacy Complaint over Deep Packet Inspection
• Plaintiffs Facebook Use Undermines Her Litigation Position
• Ontario Court Issues Decision on E Discovery Citing the Sedona Principles

Home > Volume VI > Issue 10: May 15, 2008 > Plaintiffs Facebook Use Undermines Her Litigation Position

Plaintiffs Facebook Use Undermines Her Litigation Position

In Goodridge v. King (Ontario S.C.), the plaintiff had been injured in a car accident, and the question before the court was whether her injuries constituted “a permanent serious disfigurement or a permanent serious impairment of an important physical, mental or psychological function.”. In support of her argument that her injuries met this threshold, the plaintiff led evidence that she had scarring on her face and shoulder and that this caused her embarrassment and impaired her enjoyment of life. Justice Platana, in ruling that the scarring did not meet the threshold of “seriousness,” gave weight to the fact that the plaintiff had posted pictures of herself on Facebook and found that the scarring “does not appear to have interfered with her normal, everyday life in any way”.

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Goodridge v King