Ontario legal information · Ottawa and Eastern Ontario
What the page should help you decide
Leduc is an early Ontario social-media decision and should be read with current civil procedure and later proportionality cases.2
A smiling photograph does not disprove pain, and privacy settings do not necessarily prevent lawful production of relevant material.
Keep the legal question, insurance route and next practical step distinct.
Legal question
Parties must preserve potentially relevant evidence.
Coverage or process
Production requests should identify relevance rather than demand everything.
Practical step
The court can resolve contested scope, privacy and proportionality questions.
Build the answer from records another person can check.
Claims actually put in issue by the pleadings.
Medical and functional context for any post.
Dates, captions, audience and surrounding activity.
Preserved account exports, requests, objections and production orders.
Protect the next real date.
Do not alter content after litigation is reasonably anticipated.3
Preservation does not mean public posting should continue without thought.
How a personal injury lawyer may use this information.
General information explains the framework. Legal advice should connect that framework to the event, the people and insurers involved, the available records and the deadlines in the individual claim.
- Preserve without editing
- Assess actual relevance
- Keep context with content
- Challenge overbroad demands
Not every file requires every step or legal representation. The work should respond to the actual dispute, evidence gap or decision that is approaching.
Sources and legal references
These official sources provide the legal and procedural foundation for this page. Their current wording and the facts of the claim control.
View 3 sources
- Leduc v. Roman, 2009 CanLII 6838 (ON SC)
An Ontario decision about relevance and production of social-media evidence.
Back to footnote ↑ - Ontario — Rules of Civil Procedure
Current rules for civil proceedings and evidence-related steps.
Back to footnote ↑ - Ontario — Limitations Act, 2002
The basic limitation period, discoverability and statutory exceptions.
Back to footnote ↑