Date: 2012-04-27 Master Bouck. | Link

The defendant in this motor vehicle accident seeks photographs from the plaintiff's Facebook page including date of the picture and any comments associated with the picture. Defendant also seeks photographs and any metadata associated with digital photographs. The Master decided that the photographs and the dates were relevant to the allegation that the accident had led to lost mobility and diminished capacity. However, the comments attached to the photos in Facebook were excluded because "the probative value of this information is outweighed by the competing interest of protecting the private thoughts of the plaintiff and third parties".