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Production of Facebook Profiles for Use in Civil Litigation


Facebook refuses to fix obvious security flaw

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. Roman, is available through the Canadian Legal Information Institute (CanLII) website.

The use of Facebook in the courtroom is a hot, topical issue that is currently generating a lot of buzz among lawyers. For an overview of the current state of the law on this topic, please see my recent article, “‘Fessing up to Facebook: The Use of Social Network Sites in Insurance Litigation”. An abbreviated version of this article will be appearing in the next edition of Claims Canada.

* Image source: We Blog Cartoons.

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