Lawyer Directory
Home | Lawyer Directory | Legal Articles | Legal Forms | Forums | Submit Listing | Contact Us
 Main Menu
Lawyer DirectoryHome
Find a LawyerFind Lawyers by State
Search AttorneysFind Attorneys by Profession
Bankruptcy LawBankruptcy Law
Criminal LawCriminal Law
Employment LawEmployment Law
Family LawFamily Law
Bankruptcy LawImmigration Law
Criminal LawPersonal Injury
Submit Legal ListingSubmit Lawyer Listing
Find an AttorneyLegal Articles
legal helpLegal Cases
free legal AdviceLegal Advice
Free Legal FormsFree Legal Forms
Advanced Lawyer SearchLegal Information
Legal News FeedsLegal News
FAQs for Legal AdviceFAQs: Legal Advice
Find an AttorneyLawyer Listings

 Mailing List
Enter your Email address to receive frequent updates.

 Legal Resources
Finding a LawyerFinding the Right Lawyer
Lawyer Fee and CostLawyer Fee and Costs
Lawyer DictionaryLaw Dictionary
Legal AreasLegal Areas
Legal TipsLegal Tips
Legal NewsLegal News Resources
Legal SoftwareLegal Software
Law Books and PublicationsLaw Book Stores
Criminal RecordsCriminal Records
Background ChecksBackground Checks
Legal PublicationsLegal Publications
State Codes and StatutesState Codes and Statutes
Attorney EmploymentAttorney Employment
US State Bar AssociationsUS State Bar Associations
Legal Website DesignWebsite Design
Legal Website HostingWebsite Hosting
Legal Website PromotionWebsite Promotion
Lawyer JokesLawyer Jokes

Using Social Media Posts as Evidence in Canadian Personal Injury Cases

Date : 7/27/2017  
Name :  Admin 
State :  All States 
URL :   
Category :  Personal Injury 
Print Friendly VersionPrinter Friendly Version

Using Social Media Posts as Evidence in Canadian Personal Injury Cases

Defendants in personal injury cases often go to great lengths to prove the plaintiff's claims are either exaggerated or invalid. At one time, that meant hiring a private investigator to follow the plaintiff around and trying to capture evidence that contradicts claims made in the lawsuit.

Today, finding evidence to support the defendant's case is as easy as following the plaintiff on social media.

All across Canada – and in other parts of the world – social media posts are being used as evidence in personal injury.

In March, the British Columbia Supreme Court rejected one woman's claim for hundreds of thousands of dollars in damages after photos on Facebook contradicted her claims.

The woman said two car accidents left her without friends, depressed and unable to leave her home. But 194 pages from Facebook and hours of surveillance video proved otherwise. The woman was seen out with friends and river tubing – activities that contradicted her claim.

"The goal of a tort claim is to compensate you for pain and suffering damages, such as psychological injury, loss of income due to any missed work as a result of your injuries, out of pocket expenses, and anything else your accident benefit claim doesn’t cover," says MG Law, a firm that specializes in personal injury law.

But psychological injuries have always been notoriously difficult to prove, but with social media, it becomes even more difficult to support a claim. Many experts question whether posts on Facebook and Twitter can really be used as evidence in these types of scenarios, as people tend to only post things they want other people to see. Typically, that means posting images and updates that paint them in a happy, sunny light.

The Vanderbilt Journal of Entertainment and Technology Law published an article in 2012 that explained the dangers of using "happy" Facebook pictures to refute claims. The author cautioned that presenting these images may mislead juries and judges about the plaintiff's true emotional state.

People often use Facebook, Twitter and other social media platforms to keep up appearances.

Gaining access to private social media accounts can also prove to be challenging. A judge must be convinced that the information is relevant before handing over access. Even when access is granted, judges may not give the evidence a whole lot of weight.

In 2010, the Superior Court of Ontario ruled in one case that an injury plaintiff cannot expect privacy in regard to Facebook accounts, as the information is often shared with large groups of people. That ruling lowers the expectation of plaintiffs being able to keep their social media accounts private.

In that particular case, the plaintiff claimed his injuries prevented him from sitting in front of a computer for more than 15 minutes. The court ordered him to produce his private and public Facebook information.

Still, as social media continues to dominate the lives of most Canadians, posts will be used as evidence to refute or support a claim. Many Canadian lawyers are now telling new clients to be prepared to disclose employment, medical and social media records.

Whether or not those posts hold weight as evidence will depend on the case and the judge. In the above-mentioned case, the judge felt there was enough evidence to contradict the plaintiff's claim that she was a "homebody" and depressed.

In other cases, however, judges have argued that Facebook posts are merely a snapshot of a person's life and not a true picture of that person's mental health.

Many experts recommend being cautious about the content of social media posts, while others say to avoid it altogether while the case is pending.

Tweet this Tweet this       Print Friendly VersionPrinter Friendly Version     

The legal information in this website is of general nature only and should not be regarded as formal legal or financial advice. makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation made by any lawyer, nor shall it have any  liability nor responsibility for the results or consequences of any legal representation provided by any of the attorneys or law firms listed in this web site.

Any electronic communication sent to any of the attorneys or law firms listed herein, by itself, will not create an attorney-client relationship.
Users Online:  6 

Member Login

Remember me
Home  |  Articles  |  Submit Article  |  Lawyer Search  |  Free Consultation  |  Sponsored Lawyers  |  Payment
Terms & Conditions  | Disclaimer |  Privacy   |  Submit Listing Link Removal  |  Lawyer Advertising  |  Site Map
Legal Blog  | Contact Us