The view of Canadian courts as to the relevance of Facebook photos in personal injury cases may be shifting. The recent decision of the British Columbia Supreme Court in Dakin v. Roth, 2013 BCSC 8 (CanLII) is discussed in the blog post,
Turn in the tide on Facebook photos as evidence?(January 13, 2013 on All About Information). In that decision the court stated that:
 The defendants have entered into evidence photos posted on the plaintiff’s Facebook between 2007 and 2009, which the defendants say are inconsistent with her physical limitations.
 I do not place much weight on those photographs. They are staged, at a party, and taken on holidays. As stated by Mr. Justice Goepel in Guthrie v. Narayan, 2012 BCSC 734 (CanLII), (at para. 30) in respect to Facebook photos: “Those pictures are of limited usefulness. [The plaintiff] is seeking compensation for what she has lost, not what she can still do.” I agree.
The bloggers suggest that this finding may represent a turn in the tide of the law’s development since the 2009 decision in Leduc v. Roman, as previously discussed here in Lawyers Obliged to Advise Clients that Facebook Profile May Be Discoverable.
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