Records Management @ Gowlings: October 17, 2011

CASE LAW

Frangione v. Vandongen et al., 2010 ONSC 2823.

Plaintiff was involved in two car accidents in respect of which he claimed he had suffered head and neck injuries which caused him loss of enjoyment of life. Plaintiff had a computer at his mother's residence and defendant requested access to entire hard drive and private portions of plaintiff's Facebook page for purposes of forensic examination by defendant's expert.  More specifically, on a motion before the Superior Court of Justice, defendant requested preservation of the computer's contents including internet search entries, production of Facebook material including wall postings, correspondence with 'Friends' and photos, production of a supplemental affidavit of documents identifying the relevant documentation on the hard drive, and permission to cross-examine on the supplementary affidavit.  In response, plaintiff produced publicly accessible portions of his Facebook page but refused to provide private