M.D. v The Co-operators General Insurance Company, 2019 CarswellOnt 1911
In M.D. v The Co-operators General Insurance Company, the respondent filed social media and surveillance evidence showing the applicant leading what they reported was a “normal life.” However, the Court held that injured people are not obligated to share their medical or pain symptoms on social media. Therefore, the lack of comments pertaining to a person’s pain and suffering is not evidence that the person is leading a normal life.
The Court found that the social media evidence was unconvincing as to whether or not the applicant suffered from post-concussion and chronic pain symptoms.
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.
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