|
Twitter.... (pg. 12)
|
View this Thread in Original format
| Dave Akermanis |
 |
|
|
| ChemEnhanced |
| quote: | PRODUCTION OF SOCIAL NETWORKING SITE RECORDS
Larry M. Foy
Toronto
416.595.8562
[email protected]
There are limited tools available to an insurer defending personal injury actions.
Surveillance, investigation and defence medicals have made up the traditional tool chest. The information from these investigations can be used to challenge a plaintiff's credibility, however do not have the persuasive effect of information coming from the horse's mouth: the plaintiff himself.
The rise of social networking sites such as Facebook, My Space and Twitter has led to the creation of an electronic evidence trail of a site user's thoughts and activities including photos as created and
recorded by the user. Recent case law has indicated the site postings and exchanges on Facebook and presumably other sites may be producible to the defence. When relevant to a plaintiff's claims of
impairment or loss of enjoyment of life, the unscripted entries can be the best evidence of a plaintiff's state of mind and abilities and can emphatically contradict the plaintiff's allegations.
In Leduc v Roman, an interlocutory ruling in February 2009, Justice Brown held a party must produce any Facebook postings that relate to any matter in issue in an action. He reasoned:
To permit a party claiming very substantial damages for loss of enjoyment of life to hide behind self-set privacy controls on a website, the primary purpose of which is to enable people to share information about how they lead their social lives, risks depriving the opposite party of access to material that may be relevant to ensuring a fair trial.
Some issues remain unresolved by this ruling. Sites such as Facebook allow private postings within the site to selected users. Leduc does not consider whether any privacy interests militate against the
production of these private postings. Where relevant to an action, an argument can be made that the interests of a fair trial trump the privacy claim.
What is also unknown is whether records of text messages, whether by MSN or otherwise, are producible in personal injury actions. The recent murder trial in Toronto of MT relied heavily on the evidence of a massive number of text message exchanges between the convicted killer and her alleged assassin boyfriend. The same argument with respect to production of private Facebook postings can be made
for production of these text messages in the appropriate civil case.
In any civil action where impairments and loss of enjoyment of life are claimed it is therefore useful to request a plaintiff to preserve and produce pre and post accident all postings to and from a social networking site and all text messages. An ordinary site search on a plaintiff will reveal if he or she is
using the site.
Plaintiffs will be reluctant to disclose site entries and text messages which could undermine or blow away their claims. This area of evidence law will undoubtedly be fertile ground for future litigation. |
|
|
|
| StereoPrincess |
^^^^that's actually pretty good.
i hope that they use this to get the people that scam the system so that we all pay lower premiums. |
|
|
| Abercrombie |
| Anyone else getting flooded with new followers peddling pr0n today? |
|
|
| DJ Mach X |
| quote: | Originally posted by Abercrombie
Anyone else getting flooded with new followers peddling pr0n today? |
I WISH!!! I got mine on private or lock down... so they gotta be approved.
Speaking of twitter, what is everyone using for twitter? Just the website or programs?
I use Tweetdeck on the PC, and have my facebook group page linked to it's twitter.com/groundnights for promotional use. Wish there was a tweetdeck app for the BlackBerry, not just iphone
On the BlackBerry, I use UberTwitter (http://www.ubertwitter.com/), apparently BlackBerry and Twitter are in talks to release an official Twitter client application for BB in the coming months...
Follow me TA's ---> www.twitter.com/sandeepsoor |
|
|
| iant56 |
| quote: | Originally posted by DJ Mach X
I WISH!!! I got mine on private or lock down... so they gotta be approved.
Speaking of twitter, what is everyone using for twitter? Just the website or programs?
I use Tweetdeck on the PC, and have my facebook group page linked to it's twitter.com/groundnights for promotional use. Wish there was a tweetdeck app for the BlackBerry, not just iphone
On the BlackBerry, I use UberTwitter (http://www.ubertwitter.com/), apparently BlackBerry and Twitter are in talks to release an official Twitter client application for BB in the coming months...
Follow me TA's ---> www.twitter.com/sandeepsoor |
From my experience, Tweetdeck for iPhone isn't anything special. Might have to give the desktop one a try. |
|
|
| LKD |
| tweetdeck's the best...can update FB, FB fan pages, myspace and twitter at one shot |
|
|
| Jem_hadar |
There was an all-new category at the Teen Choice Awards last night.
It was "Choice Twit," which determined the favourite celebrity tweeter. Ellen DeGeneres took that one home. |
|
|
| DJ Mach X |
| quote: | Originally posted by LKD
tweetdeck's the best...can update FB, FB fan pages, myspace and twitter at one shot |
And you can run multiple twitter accounts and make a "friends" column where you only get updates about whom you choose...
How you get it work for FB Fan Pages LK? |
|
|
| LKD |
| quote: | Originally posted by DJ Mach X
And you can run multiple twitter accounts and make a "friends" column where you only get updates about whom you choose...
How you get it work for FB Fan Pages LK? |
settings>acccounts click on facebook adn then you'll see "add pages" |
|
|
|
|
