You might want to think twice before posting that photo of you skiing on Whistler Mountain — you never know where it could end up.
Canadian courts are increasingly ordering the disclosure of Facebook content to be used as evidence in trials.
The most recent example is that of University of Victoria Faculty of Law graduate Tamara Fric, who was ordered by Supreme Court of British Columbia Master Carolyn Bouck on April 27 to hand over photos from her Facebook account in a personal injury case.
Fric, who is now articling at a law firm in Calgary, is suing Tracy Gershman and Stuart Myles Gershman for damages following a car accident in 2008 when she was a first-year law student. Fric claimed she was rear-ended by the Gershmans’ car and is still impaired by the injuries she sustained.
The defendants argued that Fric’s Facebook photos are relevant to her claims but Fric countered that the disclosure would violate her right to privacy.
Nevertheless, Bouck ordered that some of her 12,000 photos be disclosed, of which 759 digital pictures were stored in her Facebook profile.
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Source: canadianlawyermag.com
By: Stephanie Overby
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