Case Law
BC Supreme Court States Social Media Posts Show “snapshot in time”
In Kim v Sodhi, the plaintiff argued that before the accident he maintained an active life which he could no longer do without feeling pain and discomfort.
Facebook Photos Termed Discoverable in Florida Personal Injury Case
In Nucci v. Target Corp., the plaintiff brought a personal injury action against the retail store alleging that she slipped and fell on a foreign substance on the floor.
Evidence from Social Media Used to Discredit Plaintiff’s Claim – Ontario
In Smith v Jarnell, the defendant sought production of all the plaintiff’s posts and photos from his social media accounts that showed him participating in activities or going on trips since the accident.
Ontario Superior Court Rules Injured People Are Not Obligated to Share Medical Symptoms on Social Media
In M.D. v The Co-operators General Insurance Company, 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 Evidence Used to Deny Income Replacement Benefits – Ontario
In NZ v Economical Insurance Co, the insurer reasonably withheld payments because surveillance evidence and social media evidence showed that the applicant was still involved with his company.
Evidence from Social Media Used to Discredit Plaintiff’s Claim – Newfoundland and Labrador
In Terry v Mullowney, the defendants presented evidence from Facebook showing the plaintiff’s “full and active” social life.