Defence Fails In Attempt To Use Facebook Photos To Discredit Plaintiff At Trial

In Dakin v. Roth, the Plaintiff was injured in multiple motor vehicle accidents, and brought ICBC claims for damages. ICBC’S lawyer introduced photos from the Plaintiff’s Facebook profile, however the Court ruled such photos to be of limited usefulness.


[55]         The defendants have entered into evidence photos posted on the plaintiff’s Facebook between 2007 and 2009, which the defendants say are inconsistent with her physical limitations.


[56]         I do not place much weight on those photographs. They are staged, at a party, and taken on holidays. As stated by Mr. Justice Goepel in Guthrie v. Narayan, 2012 BCSC 734 (at para. 30) in respect to Facebook photos:  “Those pictures are of limited usefulness. [The plaintiff] is seeking compensation for what she has lost, not what she can still do.” I agree.

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