In Raikou v. Spencer, the Plaintiff was injured in a t-bone collision, and subsequently brought an ICBC claim for her injuries. Liability was admitted by the Defendant. The Plaintiff claimed damages for pain and suffering, income loss, out of pocket expenses, diminished earning capacity, and future care. The Plaintiff‘s injuries continued by the time of trial, approximately two and a half years after the accident. Although the Plaintiff was successful at trial for the most part, a Facebook comment she made on her profile did affect her credibility somewhat in the Court’s view.
[53] Before turning to that issue, I should note that while I found Ms. Raikou generally to be a credible witness, in my view she had a tendency to overstate or exaggerate her condition somewhat. This is particularly so in her description of her pain as being constant and unremitting.
[54] By way of example, Ms. Raikou travelled to Greece in July and August of 2011. When she returned, she posted the following entry on her Facebook page on August 20, 2011:
From the airport to Eleni’s and Nick’s wedding. Missed the ceremony but made it to the reception. From the airport home to change and off to the reception. Made it through and had an awesome time. 48 hours without sleep, jet lagged and still partying.
[55] I agree with counsel for Ms. Raikou that caution must be applied when considering the relevance and import of Facebook entries in that they are but a mere “snapshot in time” and do not necessarily shed light on a person’s overall condition or ongoing complaints: see Guthrie v. Narayn, 2012 BCSC 734 at para. 30.
[56] Nonetheless, this particular snapshot is inconsistent with Ms. Raikou’s testimony that her pain condition is continuous and unrelenting and that it has effectively precluded her from enjoying any of her pre-accident activities.
