A British Columbia man claims to have suffered a brain injury in a car accident, and the judge ordered an analysis of his computer hard drive. He wants to find out if the man's Facebook use could lead to his potential wage loss.
Brendon Bishop
has made the claim that he's too fatigued to work as a result of a car accident that took place in July 2005 in Creston, B.C.
Bishop and his litigation guardian, Charlotte Bishop,
are suing Richard Minichiello. Monticello is being represented by the Insurance Corporation of B.C.
A judge has ordered the analysis of Bishop's hard drive in order to determine his online use of Facebook. The analysis will find out how much time Bishop spends between 11 p.m. and 5 a.m. each day on the free online social networking site Facebook.
"The information sought by the defence in this case may have significant probative value in relation to the plaintiff's past and future wage loss, and the value of production is not outweighed by competing interests, such as confidentiality, and the time and expense required for the party to produce the documents," the judge said in a written ruling this week.
"Additionally, privacy concerns are not at issue, because the order sought is so narrow that it does not have the potential to unnecessarily delve into private aspects of the plaintiff's life," the judge
added.
The order requires Bishop's lawyer, to hire a lawyer and the analysis must be paid for by the defence. The expert will produce two copies of the hard drive to be deposited with the court, one to be used for the analysis, and the other to remain with the court as a backup.