Discovery and Social Networking Sites

There’s an interesting small piece on the Legal Technology section of that treats the issue of whether and when social networking sites such as Facebook and MySpace are discoverable, and if so, when admissable as evidence. “Are Social Networking Sites Discoverable?“, by Ronald J. Levine and Susan L. Swatski-Lebson, deals principally with privacy and a party’s reasonable expectation of it, typically as an employee in a corporate setting.

A search of CanLII [“discovery” + (“facebook” OR “myspace”)] throws up three cases that merely touch on the matter: Knight v. Barrett, 2008 NBQB 8; Weber v. Dyck, 2007 CanLII 22348 (Ont. S.C.); Cikojevic v. Timm, 2008 BCSC 74.

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