Civil Procedure › Privacy › Insurance

Development In Social Media Discovery

Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits. Courts don’t like fishing expeditions and will use state and federal laws to deny...more

Facebook No Friend of Yet Another MVA Plaintiff

Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs....more

Facebook No Friend of MVA Plaintiff

An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the...more

Facebook No Friend for FSCO Claimant

A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to...more

Sony insurer challenges cyber liability claim; denies coverage

There is little doubt that the insurance industry will be seeing increased claims from insureds facing “cyber liability”. Insurers responding to such claims need to turn their minds to coverage issues for...more

Facebook Defence - 1,500 Pages Sought - Personal Injury Lawsuit - Part 5

Three Facebook and MySpace accounts were sought just one month prior to Trial. Motion denied, with leave not being granted to bring this motion after service of the Trial Record. ...more

Facebook Defence - Give Me Access! - Personal Injury Lawsuits - Part 4

Plaintiff's Facebook profile, title "The Jill Murphy Fan Club" had 366 "friends". Plaintiff sought damages for fibromyalgia and TMJ disorder and put her pre-accident activities into evidence. Facebook disclosure ordered. ...more

Facebook Defence Strikes Again in Personal Injury Lawsuits - Part 3

Plaintiff with over 200 "friends" in Facebook, on an account marked "private", was ordered to produce his entire Facebook profile to the defence in his car accident lawsuit. ...more

Prins v Michigan State Police et al

Court of Appeals Interprets 180-day Period within which to File FOIA Complaint

In a published decision, the Michigan Court of Appeals has interpreted the meaning of the statutory 180-day period within which a person has to file a complaint for a violation of the Freedom of Information Act (FOIA). The...more

Court Ordered “Independent Medical Exams” And The Standard Of Review - A Second Kick At The Can

Article by ICBC Injury Claims Lawyer Erik Magraken discussing Court ordered "Independent" Medical Exams in BC Injury Claims and the law regarding multiple exams and the standard of judicial review to overturn a Master's...more

ICBC Injury Claims And Your Privacy: The Implied Undertaking Of Confidentiality

Article by BC Personal Injury Claims Lawyer Erik Magraken discussing the implied undertaking of confidentiality when private information is shared with opposing counsel in a BC Personal Injury Lawsuit, specifically an ICBC...more

ICBC Injury Claims, Video Surveillance And Disclosure

Article by ICBC Injury Claims Lawyer Erik Magraken discussing video surveillance in BC personal injury claims and disclosure obligations of defendants. DISCLAIMER This article is authored by British Columbia personal...more

Can ICBC Talk To My Doctors About My Injuries?

Article by ICBC Injury Claims Lawyer Erik Magraken discussing ICBC right to contact treating physicians when a person advances an injury claim either under Part 7 of the Insurance Vehicle Regulation or in...more

Fessing Up To Facebook: Recent Trends in the Use of Social Network Websites for Insurance 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...more