plaintiff

Again the Facebook profile of a Plaintiff in a personal injury law suit has been ordered to be produced by an Ontario Judge.

In Wice v. The Dominion of Canada General Insurance Company the Plaintiff was a 35 year old man who suffered a brain injury in a motor vehicle accident. He started an action against his own insurance company for accident benefits specifically, medical and rehabilitation & accident benefits.

The Plaintiff alleged that due to his impairment he was unable to respond to emergency situations and required 24 hour attendant care at a cost of $5000 per month for life.

The Defendants brought a motion seeking among other things access to his separation papers and the preservation and production of his Facebook profile.

The Judge ordered his separation papers be produced since they likely shed light on his ability to take care of his son.

In terms of the Facebook profile the Judge stated:

The case at bar, while not a tort case, does raise the issue of Mr. Wice’s ability to function – at least in certain defined circumstances. As I have already pointed out, his ability to function in a wide range of social situations may be circumstantial evidence from which a trier of fact could draw an inference about his ability to function in the defined circumstances in issue. The Defendant has produced evidence demonstrating that there are relevant photographs of the Plaintiff participating in social activities posted on his Facebook profile. The court may also infer from the nature of the Facebook service, that other relevant documents are likely included in the Plaintiff’s profile.

Accordingly, I order that the Plaintiff produce a further and better Affidavit of Documents within 30 days which is to include relevant documents contained in his Facebook account, or any other similar account.