ONSC Rules That Private Social Media Posts May Not Be Private

The Ontario Superior Court of Justice addressed the disclosure of social media content, in the case of Mohamud v. Juskey. The court ruled on the defense's motion for the production of the contents of the Plaintiff's Facebook and Instagram accounts on the grounds that they revealed her injuries were not as severe as she was alleging. This case not only highlights the role social media can play in legal proceedings, but also sheds light on the complex interplay between privacy rights and the quest for evidence.

The lawsuit revolved around a motor vehicle collision in Richmond Hill, where Haweya Mohamud alleged that Christopher Juskey lost control of his vehicle on a wet road, and collided with her vehicle. The collision left Ms. Mohamud with a concussion, whiplash, soft tissue injuries, chronic pain, and psychological trauma. Seeking $1.3 million in damages against Mr. Juskey and the owner of the Juskey vehicle, Ms. Mohamud alleged that she had lost functionality,