Date: 2009-12-02 Docket: N/C/66/07. Ferguson J. | Link

The defendant-applicant brought a motion to order the plaintiff to produce records of her Facebook usage from the time of her accident in this personal injury case. Plaintiff objects that the information is either irrelevant or an infringement of her right to privacy, or both. The courts reviews the law of relevance in discovery and reasonable expectations of privacy and concludes at para 36 that "(i)t is clear from these judgments that the success of an application to retrieve an individual's electronic computer data principally depends upon the degree of intrusion into the private lifestyle choices and electronic activity of the Internet user as well as the probative values of the information sought." The court crafts an order in para 46 that arranges for the production of the Facebook information and its protection from further disclosure by the defendants.