Kim v Sodhi, 2019 BCSC 1823
In Kim v Sodhi, the plaintiff was involved in a motor vehicle accident and brought an action for damages related to his personal injuries. The plaintiff argued that before the accident he maintained an active life which he could no longer do without feeling pain and discomfort.
The defendants submitted social media posts showing the plaintiff engaged in various physical activities – most of them were associated with work and show the plaintiff partaking in activities with his colleagues.
Regarding this, the court accorded little weight to the activities the plaintiff was engaged in because it “appear[ed] to be very much part of the corporate culture associated with his employment.” Further, the court cited a key passage from J.D. v Chandra where on the subject of social media evidence, particularly photographs, Justice Griffin said, “a snapshot does not show anything but a moment in time and does not disprove that the plaintiff also had many times when she declined to participate in activities or felt significant plain after trying to engage in activities.”
With the same reasoning, the court concluded that, “the plaintiff does not deny that he is able to do some activities. His evidence is that he does them with pain.” Subsequently, the plaintiff’s action was allowed. Other cases dealing with similar facts all took the “snapshot in time” approach.
Social media is being used as evidence in personal injury cases and you can no longer ignore what your clients post online. Private Footprint is a powerful tool that allows lawyers to quickly view, organize, and make sense of the overwhelming volume of social media content generated by clients. You can easily monitor social activity for each client separately, flag specific posts, and quickly generate detailed reports which document your client’s lives before and after life-altering events.
Contact us today to learn more about Private Footprint and how you can start protecting the value of your files.