Plaintiff
Defendant
Case Background:
C.D., Amber Rutherford (a minor, represented by her litigation guardian, Winter Sprowl), filed a proposed class action against Facebook, Inc. (now Meta Platforms Inc.), Facebook Canada Ltd., Instagram Inc., and Instagram, LLC. The plaintiffs claimed that Meta intentionally designed Facebook and Instagram to expose minors to harmful content, causing conditions such as social media addiction. They sought class certification under British Columbia’s Class Proceedings Act (CPA).
Legal Issues and Arguments:
The plaintiffs characterized the case as a products liability claim, alleging Meta’s platforms were negligently designed to harm minors. The defendants contested this characterization and objected to the admissibility of key evidence, arguing it was unauthenticated, hearsay, or lacked probative value. Meta also sought to strike several affidavit paragraphs and exhibits, including whistleblower reports, third-party media articles, and U.S. Surgeon General advisories. The court assessed these objections against evidentiary standards under the CPA.
Court Rulings:
Justice Tammen struck significant portions of the plaintiffs’ evidence for failing to meet admissibility standards, particularly regarding hearsay and authentication issues. The only contested evidence allowed was a video link to testimony by Meta’s CEO, Mark Zuckerberg, which could be authenticated later. The plaintiffs were required to present compliant evidence to support certification requirements.
Costs and Outcome:
The defendants were substantially successful and were tentatively awarded costs in the cause, pending further submissions. No monetary damages or awards were decided at this stage.
Court
Supreme Court of British ColumbiaCase Number
S223013Practice Area
Class actionsAmount
Winner
DefendantTrial Start Date
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