Friday, May 1, 2009
Production of Facebook & MySpace Pages
We have previously blogged on a recent Court decision seting out that information found on a litigant's Facebook page can be ordered to be produced in a civil action. We have followed the legal developments regarding this issue, and can now update our readers. The two very recent decisions of Leduc v. Roman and Kent v. Laverdiere stand for the two following principles: 1) Facebook and MySpace pages will be ordered to be produced if they contain material that has a semblance of relevance to the issues in an action; and 2) the party must list in their affidavit of documents all documents from their Facebook or MySpace sites that relates to any matter in issue in the case. Given the popularity of these social networking sites, we will endeavour to keep you posted regarding further caselaw as it develops. A good rule of thumb would continue to be: Be mindful of what you post on your Facebook or MySpace site; you may have to disclose it, explain it or have it possibly prejudice a future case. For a free consultation regarding your case, kindly contact Todd K. Plant, 613-563-1131,Ottawa Personal Injury Lawyer, Plant Quinn Thiele LLP, www.pqtlaw.com
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