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CCCA_V7No4_Dept-SocialMedia-FIN_CCCA_V6No4 13-11-25 12:17 PM Page 15 Social media “ tool. The best evidence of disput- The best evidence of business has a social media pres- ed events is what the parties actu- ence, it probably shouldn’t be sur- ally did and said at the time. Social disputed events is what the prised to find legal documents media sites can be gold mines for parties actually did and said sent to it through those social that kind of information. Earlier at the time. media sites, and should have pro- this year the American Bar cedures in place to ensure they’re Association’s Litigation News ” properly dealt with. opined that social media searches Social media have become per- of clients, the other parties and third- example, former Maple Leafs general vasive in business and law. As with other party witnesses are now just minimum manager Brian Burke was permitted by a new technologies, we should come to level litigation due diligence (i.e. it would B.C. court to serve legal documents in his grips with them, and ask “How can I likely be professionally negligent not to defamation lawsuit on the defendants by manage this risk?” and “What business do them). There’s no reason to think that’s return messages to the interest accounts opportunities does this present?” only true in the U.S. on which they had posted their original Courts in Canada, Britain and Australia messages. If a business has a legal dispute Stephen Antle is a senior partner and dis- have permitted service of legal documents with a party who’s hard to find, offshore pute strategist in the Vancouver office of beginning lawsuits, and applying for court or evading service, this is worth bearing in Borden Ladner Gervais LLP. He can be orders, through Facebook and Twitter. For mind. It does, however, cut both ways. If a reached at 604.640.4101 or santle@blg.com WE CAN HANDLE ANY PITCH. LITIGATIONBOUTIQUE.COM WOODS LLP LITIGATION . ARBITRATION . CLASS ACTION 2000 MGILL COLLEGE AVE. SUITE 1700 MONTREAL, QUEBEC H3A 3H3 T. 5149824545 HIVER 2013 CCCA Canadian Corporate Counsel Association 15