Facebook profile leads to finding of perjury in personal injury case.

http://www.courts.gov.bc.ca/jdb-txt/sc/17/04/2017BCSC0431.htm

In this recent Supreme Court of British Columbia personal injury case, the lawyer for the plaintiff was able to draw a connection between the defendant driver and a supposedly independent witness.

This case involved a rear end collision, which typically results in a presumption of fault against the following car that has struck the  vehicle in front. This presumption can be overturned, if the front car has themselves done something that contributed to the accident. For example, stopping suddenly in the middle of the road for no reason.

The witness, in this case, initially testified that they saw the car accident in question and that the plaintiff had indeed stopped suddenly for no reason. The witness stated that they did not know the defendant and had responded to a notice looking for witnesses. The counsel for the plaintiff, through solid sleuthing, was able to find a Facebook connection between the defendant and the witness. The witness ultimately admitted his perjury.

The odd thing about this case was that the evidence already established that the plaintiff had stopped suddenly without reason. The courts found the plaintiff 15% liable for the accident as a result. Had the defendant not concocted their story, the finding of liability against the plaintiff likely would have been greater, as more weight could have been given to the defendant’s evidence. Prior to the trial, ICBC had breached the defendant and denied the defendant insurance coverage.  Perhaps this created more incentive for the defendant to defend their case, but that was no excuse for committing perjury.