On September 6th, Master Muir of the Ontario Superior Court of Justice declined to order production of approximately 1100 photos that a personal injury plaintiff posted to her Facebook friends. The plaintiff employed the “I’ve got nothing to hide” approach by filing the photos under seal with an accompanying affidavit, an approach also used effectively last year in Stewart v Kempster. Master Muir held that pictures of the plaintiff happy and socializing were not relevant and that there was no reason to believe that the plaintiff had failed to produce pictures of engagement in physical activity.
A legal blog about the law of information by Dan Michaluk of Borden Ladner Gervais LLP
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