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ARTICLE · 13 SEPTEMBER 2013

The Latest on Facebook Photographs and the Litigation Process

Minden Gross LLP
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In the recent decision of a Superior Court Master in Garacci vs. Ross, the Court dealt with a motion by the Defendant in a personal injury action to force the Plaintiff to disclose photographs on the private portion of her Facebook account.

CanadaLitigation, Mediation & Arbitration
A. Irvin Schein
A. Irvin Schein
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Written by Irvin Schein and originally published at www.irvinschein.com.

In the recent decision of a Superior Court Master in Garacci vs. Ross, the Court dealt with a motion by the Defendant in a personal injury action to force the Plaintiff to disclose photographs on the private portion of her Facebook account.

The Plaintiff had been involved in a car accident and claimed that she had sustained serious and permanent injuries to her left leg and ankle. At Discovery, she testified that she was now unable to pursue recreational activities that she previously enjoyed, including soccer, waterskiing, competitive dancing, and snowboarding. She admitted that she could still swim, go to the gym, and travel among other things.

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