People can share almost every part of their lives online, inviting others to view, comment on, and like their content. However, behind the bright display of pictures and videos, social media has had an increasingly important role in litigation. These implications are shown in the case of Mohamud v Juskey, 2023 ONSC 4414.
Haweya Mohamud, the plaintiff, alleged that Christopher Juskey, the defendant, lost control of his vehicle in Richmond Hill and collided with her vehicle. Mohamud claimed that she suffered injuries from the collision, including a concussion, whiplash, other soft tissue injuries, chronic pain, and psychological injuries. Mohamud sued Juskey for damages amounting to $1.3 million for pain and suffering, loss of enjoyment of life, loss of income and future care costs.
A matter in dispute was Mohamud’s social media accounts. Like millions of others, Mohamud had an active social media presence using public and private accounts on Facebook and Instagram. The defendants requested access to the full contents of her accounts, intending to use photographs as evidence. They sought to establish that Mohamud’s post-accident activities were relevant to the issue of assessing the extent of her damages for injuries allegedly caused by the accident. Pictures obtained from Mohamad’s public Facebook account post-accident depicted her posing, sitting, or standing with family members, and one showed her on a beach, possibly on vacation. In response, Mohamud submitted that allowing access to her accounts would be an irrelevant, unreasonable invasion of privacy. However, the court found that it was reasonable to infer that her private accounts would contain similar media to her public accounts and would not unreasonably intrude her privacy interest.
Justice Boswell ordered Mohamud to produce her social media account pictures that displayed her engaging in any activities relevant to her claim of loss of functionality or enjoyment of life after the accident. Posted innocuously, pictures shared by Mohamud after the accident were used by the defendants to demonstrate her ability to travel and enjoy life, contrary to her claims.
This case highlights how social media has impacted the meaning of privacy, interpretation, and evidence in legal proceedings. Modern technology can be leveraged in personal injury claims, demonstrating that images can be interpreted in various ways depending on the narrative presented. Pictures often only highlight a selective moment in time rather than the full context of the experience, omitting the challenges that lie behind them. This case serves as a cautionary reminder to consider how pictures may be perceived before posting them to publicly accessible platforms, especially when pursuing a claim.