The attitude in our courts towards social media has shifted drastically for the worse over the last decade. In 2012, for example, content from “private” social media sites was perceived as exempt from disclosure to the defendant. Plaintiffs were understood as justified in restricting access to the content.
Recently, Master Short revisited this contentious topic in Isacov et al v. Schwartzberg (2018 ONSC 5933). The plaintiff was injured in 2012 when the defendant motor vehicle ran over her foot. She claimed that her ongoing impairments prohibited her from continuing her career as a professional ballroom dancer because she was unable to wear high heels.

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