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Canadian Journal of Law and Technology

Keywords

social networking websites, personal information, personal injury litigation

Abstract

For professional “fact-gatherers” such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a smoking gun, depending on your perspective. The personal information contained in a Facebook profile may be highly relevant to matters at issue in litigation; when dealing with claims, particularly in the personal injury context, the information contained on a Facebook page can make or break a case. It is, therefore, crucial that legal and insurance professionals stay informed of new developments in this emerging area of law. This article, written with the practitioner in mind, summarizes the approach currently adopted by Canadian courts and contrasts this approach with that adopted in other jurisdictions.

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