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Using Social Media Posts as Evidence in Canadian Personal Injury Cases

Defendants in personal injury cases often go to great lengths to prove the plaintiff's claims are either exaggerated or invalid. At one time, that meant hiring a private investigator to follow the plaintiff around and trying to capture evidence that contradicts claims made in the lawsuit.

Today, finding evidence to support the defendant's case is as easy as following the plaintiff on social media.

All across Canada – and in other parts of the world – social media posts are being used as evidence in personal injury.

In March, the British Columbia Supreme Court rejected one woman's claim for hundreds of thousands of dollars in damages after photos on Facebook contradicted her claims.

The woman said two car accidents left her without friends, depressed and unable to leave her home. But 194 pages from Facebook and hours of surveillance video proved otherwise. The woman was seen out with friends and river tubing – activities that contradicted her claim.

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