Facebook - Is your profile producible and to what extent?

Facebook recently advised that I have celebrated my 10 year anniversary with them – longer than my actual wedding anniversary!  For most, social media, such as Facebook is a means to sharing events, photographs, opinions, and information on life events.  However, should there be an expectation that those posts remain private, when involved in litigation?

In Jones v. I.F. Propco Holdings (Ontario) 31 Ltd, Justice Leitch dealt with the issue of producing Facebook posts.  In this action, the Plaintiff claims that she was hit on the head by ice from the Defendant's property. At examinations for discovery, the Plaintiff refused to produce her Facebook activity, including profile posts and comments dating 5 years pre-accident to the present.  The Defendant submitted that the Plaintiff had provided statements from several witnesses who were expected to provide evidence on the effects the accident had on the Plaintiff's employment, extra-curricular involvement, family etc..