Knowledge Centre

Access to private Facebook profiles

June 2014 Cox & Palmer, Nova Scotia

Conrod v Caverley, 2014 NSSC 35

Conrod was involved in a motor vehicle accident with an oncoming dump truck. Following the accident, she claimed that she was unable to return to work or participate in recreational and social activities. Caverley (who was represented by Michelle Kelly of our Halifax office) made a motion for the production of Conrod’s private Facebook profile, as well as her Facebook usage history. Caverley argued that after viewing Conrod’s public Facebook profile, it was reasonable to infer that some of the private contents of the Facebook profile could assist in assessing her claim. In an Independent Medical Examination, Conrod stated that she could now only use Facebook for 5-10 minutes per day. Caverley submitted that the login and usage history was relevant to the claim for damages.

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