Privacy And Social Media – Not Just A Numbers Game

In an age where individuals catalogue almost every aspect of their lives on some form of social media, the obligation to disclose all relevant documents in the context of civil litigation can seem both onerous and invasive. Courts have grappled with how disclosure obligations should be balanced with privacy rights.  

The Ontario Superior Court considered these competing values recently in the context of a refusals motion in Jones v IF Propco, 2018 ONSC 23. In that decision, Justice Leitch vindicated privacy interests that have been given insufficient attention in many cases.

The Plaintiff claimed she was hit by ice that fell from the Defendant's property. She sought $2,400,000 in general and special damages, alleging a number of injuries and losses, including a loss of enjoyment of life and a reduced capacity to participate in various activities.