Spoliation and Social Media

Spoliation and Social Media

"News media have paid significant attention to court orders requiring production of relevant documents from Facebook and social media sites in the course of litigation. As described in my recent post, the Ontario Information and Privacy Commissioner has recently published a booklet on privacy and reference checks.

From the Canadian litigator’s perspective, all the fuss might be difficult to appreciate. In Ontario, for example, the Rules of Civil Procedure require that litigants must disclose to all of the parties to the litigation the existence of every relevant document in their possession, power or control and must produce to the other parties all of those relevant documents that are not privileged."