A Nova Scotia judge has ruled that a plaintiff’s Facebook usage history data can be accessed by a lawyer defending a personal injury claim. The lawyer was seeking the data under the disclosure of documents rule in the Nova Scotia Civil Procedure Rules. The Plaintiff was alleging that her ability to concentrate was diminished by her injuries, limiting the amount of time she could spend on websites like Facebook. She opposed the application to produce, arguing that her Facebook usage history was not relevant. The judge ruled “I am satisfied that the Facebook usage data requested by the defendants is relevant to whether Ms Conrad’s injuries have affected her ability to concentrate and the information should be produced.”
Usage history contains a vast amount of information about everything the user has done on Facebook, including posts, uploaded pictures and videos, messages sent, ads viewed, and events attended. At a seminar discussing this case, Alberta lawyer Kevin Feth commented that lawyers must have” at least a functioning understanding” of social media networks because they contain” a treasure trove” of information for litigation and other legal proceedings. He added “When in doubt about emerging social media, consult a teenager”.
Conrod v. Caverley, 2014 NSSC 35 (CanLII)
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