If you are involved in a motor vehicle accident, you should be aware that websites such as Facebook, Twitter, MySpace and Instagram can be accessed by an insurance company in an attempt to obtain information about your activities and ability levels.
A recent Nova Scotia Supreme Court decision permitted the disclosure of information pertaining to a woman’s Facebook usage. In the case Conrod v. Caverley, the plaintiff was involved in a car accident and her ability to participate in recreational and social activities was in issue. The defendants brought a motion seeking production of her Facebook usage and the private portion of her Facebook profile.
The Court ordered the plaintiff to produce this information. However, the Court was not satisfied that the defendants showed the public portion of her Facebook contained relevant information, and was unable to infer that the private portion of the profile likely contained relevant information. Therefore, the private portion of her profile was not required to be produced.
Although the Court did not order the private portion of her profile to be produced, the Court did not state that it was not producible. If a Court were to find private portions of Facebook profiles relevant, likely they will be producible.