Posted on November 13, 2009 by Pamela Pengelley
A New Decision on Facebook: Ex Parte Injunctions and Preservation Orders
Another Ontario decision dealing with production of Facebook profiles in personal injury lawsuits was released on October 29, 2009. In Schuster v. Royal & SunAlliance Insurance Company of Canada, the defendant brought a motion before a judge, without notice to the plaintiff, seeking an injunction requiring the plaintiff to preserve and produce her [...]
Filed under: Civil Litigation, Discovery, Facebook / MySpace, General Interest, Law & Technology, Privacy | Tagged: Facebook, Production, Affidavit of Documents, injunction, ex parte, preservation, schuster, price, Discovery | Leave a Comment »
Posted on April 22, 2009 by Pamela Pengelley
A British Columbia Court agreed that a plaintiff’s late night computer usage on Facebook was relevant to his claim that he was unable to work. The Court ordered production of his computer hard drive to determine the period of the time he spent on Facebook between 11 p.m. and 5 a.m.
In Bishop v. Minichiello, [2009] [...]
Filed under: Discovery, Facebook / MySpace, General Interest, Insurance, Privacy | 1 Comment »
Posted on March 8, 2009 by Pamela Pengelley
A married woman in Nevada sued her employer, claiming that he sent her inappropriate emails and gave her unwanted sexual attention. During the lawsuit, the employer’s lawyer discovered that the woman had set up a MySpace account where she pretended to be single. The employer’s lawyer wanted to see her Myspace emails; if this woman [...]
Filed under: Discovery, Facebook / MySpace, General Interest, Privacy | Tagged: blog, Canada, court, Disclosure, e-mail, electronic, email, Facebook, lawsuit, lawyer, litigation, MySpace, Nevada, Privacy, Production, Profile, Relevance, sexual harassment, sued, technology, wall post | 1 Comment »
Posted on March 6, 2009 by Pamela Pengelley
Following a recent decision of the Ontario Court of Appeal, government institutions now have to go the extra mile to comply with their MFIPPA obligation to provide access to information stored in their electronic databases – even if they have to design special software, from scratch, to get at the information.
James Rankin, a journalist with [...]
Filed under: Discovery, Law & Technology, Privacy | Leave a Comment »
Posted on March 4, 2009 by Pamela Pengelley
FACEBOOK IN THE COURTROOM
In a recent decision of the Ontario Superior Court of Justice issued on February 20, 2009, Justice Brown ordered the production of a plaintiff’s private Facebook profile. This is the second Canadian decision to order production of private Facebook pages for use in personal injury insurance litigation. The full text of Justice Brown’s decision, Leduc v. [...]
Filed under: Discovery, Facebook / MySpace, General Interest, Insurance, Privacy | Tagged: Affidavit of Documents, Civil Litigation, Disclosure, Facebook, Friends, Insurance, Internet, Law, MySpace, Preservation Order, Privacy, Production, Profile, Relevance, Social Networking, Wall | Leave a Comment »
