Volume IX

Issue : 13: March 10, 2011

• Amazon.com Threatens to Cut Ties with its California Affiliates
• Apple Defends Microsoft's 'App Store' Trademark Challenge
• States Make Play for Web Gambling
• BC Court of Appeal Sides with Keyword Advertiser
• No Government Veto for New Top Level Domains
• Social Media Networks Assist Defendant in Personal Injury Case
• Huawei Wins Injunction against Motorola
• Libya's Internet hit with Severe Disruptions

Home > Volume IX > Issue 13: March 10, 2011 > Social Media Networks Assist Defendant in Personal Injury Case

Social Media Networks Assist Defendant in Personal Injury Case

A judge in New Brunswick recently granted the Defendant’s ex parte motion in a personal injury case for the downloading and preservation of all of the contents of the social networking sites to which the Plaintiff was a member.

In Sparks v. Dube 2011 NBQB 040, the Plaintiff and the Defendant were involved in a car accident in 2008.  In January 2010, the Plaintiff sued the Defendant for special damages due to ongoing physical health problems as a result of the accident.  As part of the preparation for the examination for discovery and possible trial, counsel for the Defendant engaged a private investigator to determine whether the Plaintiff was a member of any social networks.  The investigator found that the Plaintiff was a member of both Facebook and LinkedIn.  Moreover, he was able to access information from those areas of Facebook which are accessible to anyone with an account.  From these social networks, the private investigator discovered various photos and other related evidence that the defence considered helpful to its case.

For more information, visit:
http://www.canlii.org/en/nb/nbqb/doc/2011/2011nbqb40/2011nbqb40.html