Winter 2011 - March - Bougadis, Chang E-Newsletter

PDF Version - Winter 2011 E-Newsletter - March

What’s New at Bougadis, Chang LLP

• Article participation – The Toronto Star newspaper; and
• Article interview - Chinese News Group newspaper.

Facebook Defence in Personal Injury Lawsuits
(I want your personal photographs and emails!)

For several years now, insurance companies defending against personal injury lawsuits have been investigating the presence of, and asking for production of, a plaintiff’s Facebook account profile.  The same defence technique applies to other social networking sites, such as MySpace, Flickr and other popular sites.

Defence lawyers in a personal injury lawsuit will go to Court seeking an Order requiring you to produce your Facebook site – including your photos, messages from and to “friends” on your site, and personal detailed information that you have posted.

The purpose is for the defence to review this potential evidence and to test it against the claims that you are making in your personal injury lawsuit, in which you are seeking damages – i.e. for income loss, health care and out of pocket expenses and pain and suffering damages, etc.

Visit our blog and our review of the most recent caselaw involving Facebook production issues, including:

• May 14, 2009 Facebook blog concerning the Terry v. Mullowney decision from Newfoundland;
• Our February 27, 2009 Facebook blog concerning the Leduc v. Roman decision from Ontario;
• Our February 22, 2011 Facebook blog concerning the Frangione v. Vendongen decision from Ontario;
• Our February 24, 2011 Facebook blog concerning the Murphy v. Perger decision from Ontario; and
• Our February 28, 2011 Facebook blog concerning the Kent v. Laverdiere decision from Ontario.

Community Events

• AGO - Maharaja Exhibition, "The Splendor of India's Royal Courts"; and
• FCCP Annual Gala - May 28, 2011 - in support of the FCCP Education Foundation