Spend Long Hours on Facebook? Claim You Can’t Work and You’re On the Hook!

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] B.C.J. No. 692 (S.C.J.), the plaintiff alleged that a brain injury caused him ongoing fatigue which prevented him from being able to maintain employment. The defendant brought a motion to obtain production of the plaintiff’s hard drive of his family computer so that he could have it analyzed in order to determine the periods of time that the plaintiff spend on Facebook between 11 p.m. and 5 a.m. each day. The defendant argued that the plaintiff’s late night computer usage was relevant to the lawsuit; the plaintiff had told a doctor that he spent a substantial amount of time on Facebook chatting with his friend late at night, and that his sleep varied with the time that his friend went to bed.

On examination for discovery, the plaintiff’s mother had confirmed that the plaintiff was the only person using the family computer between those hours. The plaintiff argued that, at times, his friends could use the computer once he logged into Facebook, and that the hard drive contained information that was irrelevant to the litigation and so should not be produced. Justice Melnick noted, however, that simply because the hard drive contains irrelevant information to the lawsuit does not alter a plaintiff’s duty to disclose all relevant information. The Court concluded:

  • Facebook login/logout records are documents stored in electronic form for the purpose of litigation;
  • The information sought by the defence could have significant probative value in relation to the plaintiff’s past and future wage loss;
  • The value of production was not outweighed by confidentiality, or time and expense required to produce the documents; and
  • The order sought was so narrow that it did not have the potential to unnecessarily delve into private aspects of the plaintiff’s life.

Given that not all of the information on the hard drive was relevant, and that privacy issues of other family members might be implicated, the Court ordered that an independent expert was to review the hard drive and isolate and produce the relevant information for the defendant’s counsel.

Blogschool

Image source: http://sennosen.blogsome.com/images/blogschool.jpg

Links to 2009 Willem C. Vis Moot Blogs/Photos

I am compiling a list of links to blogs and photographs of the 2009 Willem C. Vis Moot, below:

If you have Vis Moot blogs, links or photographs that you would like me to post, please email me at ppengelley@cozen.com. Congrats to all of you!

2009 Vis Moot Results – And the winner is…

Victoria University of Wellington, NZ (“VUW”). Way to go Kiwis! The 2009 VUW team is pictured below.

The 2009 Team

Second place goes to University of Pune, India.

The University of Ottawa received honourable mentions for “Best Claimant’s Memorandum” and “Best Oralist” (Brendon Green).

The VUW moot team has posted a blog in which they will be chronicling their Vienna experience.

2009 Vis Moot Update

The University of Ottawa did extremely well and is tied for 5th place, making it to the quarter finals where, after a very close round of argument, the round was taken by Griffith University, Australia. Final results to follow shortly.

Willem C. Vis Moot: Day 4 in Pictures

Canadian teams have done well this year – Osgoode Hall Law School, McGill Law School and the University of Ottawa are ranked among the top 32 teams at the moot and are proceeding to elimination rounds tomorrow.  I presume that at this very moment, they are studiously preparing for tomorrow’s rounds. The arbitrators, however, are free to go out and enjoy a night at Aux Gazelles, the designated moot ‘party’ venue.
Another street scene - a camera cannot do justice to the grandeur of this city.

Another street scene - a camera cannot do justice to the grandeur of this city.

The hippest arbitrators at the moot

The coolest group of arbitrators at the Moot.

Aux Gazalles

Aux Gazelles - the "new" Ma Pitom (same owner, Michael Freyer)

Pamela with co-arbitrator Laura from Paris

Pamela with co-arbitrator Laura from Paris

Myself with Alex Gordon (co-arbitrator and lawyer at Lovells, New York). In 2005, I co-coached a team from Queen's University, who faced Alex's  moot team from Harvard University in the elimination rounds. The Queens team beat Harvard in a 2-1 decision before Martin Hunter, as chair of the panel.  I have never let him forget that moment.

Myself pictured with Alex Gordon (co-arbitrator and lawyer at Lovells, New York). In 2005, I co-coached a team from Queen's University. My team faced Alex's moot team from Harvard University in the elimination rounds. The Queens team beat Harvard in a 2-1 decision before Martin Hunter, who was chair of the panel. I have never let Alex forget that moment. And now I'm blogging about it for posterity!

The Juridicum: The University of Vienna's Law School
The Juridicum: The University of Vienna’s Law School
Chestnuts roasting on an open fire

Chestnuts roasting on an open fire

vienna2-014

Horses-the second most common form of Viennese transportation

Horses-the second most common form of Viennese transportation

vienna2-016

vienna2-040

Cute scene outside my hotel

Cute scene outside my hotel

Vienna's Downtown Core: St. Stephen's Cathedral

Vienna's Downtown Core: St. Stephen's Cathedral

Sigmund Freud's Favorite Cafe

Sigmund Freud's Favorite Cafe

Willem C. Vis Moot: Day 3 in Pictures

 
On my morning walk to the Juridicum
On my morning walk to the Juridicum
 
Christina, John, Brandon

Christina, John, Brendon

Willem C. Vis Moot: Day 2 In Pictures

vienna2-037

Rooftop View of Vienna from the Juridicum
Rooftop View of Vienna from the Juridicum
Early morning arbitration at the DLA Piper Law Office
Early morning arbitration at the DLA Piper Law Office
Moot Hub - The Juridicum

Moot Hub - The Juridicum

City Street

City Street

More City Streets

More City Streets

vienna2-0281

Juxtaposition of Old and New

Juxtaposition of Old and New

vienna2-039