Social Media and the Court Room – Is it Relevant?

 

Many times I wondered what impact social media would would have on my client within the walls of a court room.

Given the recent cases, I would say, the answer depends on who my client is.

If my client is an employer who has an employee saying illness is the reason for not being able to work, yet, the employee posts on his or her Instagram or LinkedIn account pictures that clearly show a vibrant and healthy employee, I would use the wording of the case of Toronto
(City) and TCEU, Local 416 (Walker) re “As suggested, the key piece of evidence in this matter is the posted photos of the grievor on Instagram during her trip to Jamaica. While those posted photos are not necessarily as definitive as the “smoking gun” evidence of fraud that existed in Ineos Nova Ltd., supra, (wherein the employee was captured on a voicemail recording admitting he was committing fraud), those photos, in my view, are close in terms of their self-incriminating impact.”

In another recent case, a lawyer was allowed to serve her client’s statement of claim via Instagram and LinkedIn.

In short, if you are doing something that you do not want others to know, or are evading service of court documents, perhaps posting your daily activities on social media is not the best practice.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-270-0073 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.

 

References:

1) Robinson, A. (February 2, 2018). Toronto Lawyer Serves Claim with Instagram.
Retrieved on February 22, 2018 from
http://www.canadianlawyermag.com/legalfeeds/author/alex-robinson/toronto-lawyer-serves-claim-with-instagram-15294/

2) Toronto (City) and TCEU, Local 416 (Walker), Re, 2017 CarswellOnt 18303