In this personal injury action, the defendant obtained an investigator’s report which contained screen captures from the Instagram account of the plaintiff’s friend. The photos depicted the plaintiff engaging in activities which she claimed to assessors she was not capable of engaging in as a result of her injuries. The defendant brought a motion for disclosure of the plaintiff’s social media accounts. Master Short ordered the plaintiff to produce the requested social media posts, reasoning that the evidence obtained by the defendant’s investigator appeared to be at odds with the plaintiff’s allegations of a serious and permanent injury. Master Short held that the present technological environment is such that there is a need to include Facebook and similar online data relevant to matters at issue in personal injury litigation in the appropriate schedules of each party’s affidavit of documents.
