Ont. school boards are trying to knock down the social media giants. Do their cases stand a chance?
CBC
They were reckless and malicious, manipulating the brain neurochemistry of young students, getting them hooked on social media platforms, and, in doing so, causing widespread damage and disruption to the education system.
These are just some of the, as of yet, unproven allegations, made by four Ontario school boards in their recently filed statements of claim filed against social media giants Meta Platforms Inc., Snap Inc. and ByteDance Ltd, which operate the platforms Facebook and Instagram, Snapchat and TikTok respectively, seeking $4.5 billion in total damages.
The lawsuits, possibly the first of their kind in Canada, could take years to litigate, involve dozens of experts, thousands of documents and cost lots and lots of money.
And they may also encounter significant legal challenges.
"I do think there are a number of hurdles they're going to face," said Josh Nisker, an injury malpractice lawyer based in Toronto.
Nisker, as both a parent and lawyer, said he does believe social media companies need to held accountable for their conduct.
"But having said that, I do have concerns about the viability of these claims in question, whether they will ultimately bring about the meaningful change we're hoping for."
According to the statements of claim, the school boards allege that these social media companies, through their "unsafe and/or addictive products" have caused the students to suffer from a slew of mental health issues, including "behavioural dysregulation, learning and attention impairments."
This has interfered with the school boards' ability to educate children, something required by law, and caused "substantial damages," the statements of claim say. Damages include, according to the lawsuit, a significant drain on school board resources and personnel in having to deal with the students' mental health issues.
"The defendants have acted in a high-handed, reckless, malicious, and reprehensible manner without due regard for the well-being of the student population and the education system," the statements of claim say.
Duncan Embury, a partner and head of litigation at Neinstein LLP, a Toronto-based firm representing the school board, told CBC News last week the named companies are "mainly responsible" for the social media products that kids use, and share common designs or algorithms that lead to "problematic use."
While Embury said he believes the lawsuit is the first of its kind in Canada, hundreds of school boards in the United States, along with some states, have launched similar lawsuits against social media companies.
But Nisker said there are some areas where he believes the school boards' case could face challenges, including the legal concept known as "duty of care" — the avoidance of acts that could cause harm.
There are many existing duties of care that have been recognized by Canadian courts. For example, a motorist owes a duty of care to other motorists, pedestrians and cyclists, meaning, they must avoid, through their actions, inflicting harm.
Police services across northern Ontario say most illicit drugs circulating in their communities are being transported from southern parts of the province, while prescription drugs diverted into the illegal market continue to pose a serious and ongoing threat.
The case of a child who was killed by his mother shortly after being returned from foster care has shed a rare and needed spotlight on the child welfare system, say experts in the field.
G.E. Barbour may be best known for its King Cole tea, but the Sussex company’s peanut butter is apparently what everyone wants overseas.
Seven years into an early onset Alzheimer’s diagnosis, Sandra Demontigny's home is full of reminders.
A blizzard gusting across southern Manitoba is leaving a long list of highway and school closures.
While a blizzard threatened outside, Saskatoon city council endured an icy blast inside city hall from a Riversdale business leader over its homeless initiatives.
This is a story about fire, faith and marshmallows.
Alberta’s population bucked the trend that almost every other Canadian province and territory experienced last quarter, Statistics Canada population estimates suggest.
A U.S. judge on Wednesday blocked Michigan from enforcing a 2020 order to shut down Enbridge's Line 5 oil pipeline running beneath a channel linking two of the Great Lakes, ruling that pipeline safety is a federal responsibility.
When retired RCMP constable Jason Hydamacka heard the news that the insurance money for his amputated leg was coming, he sat in his truck and cried.
As Neskantaga First Nation’s youngest band councillor, Lashaunda Waswa says she wants to inspire the next generation to protect the community’s land, water and wildlife.
Toronto has seen a drop in crime rates across the city, but its police chief says youth crime rates continue to be a cause for concern.
Cambridge council has voted to request a pedestrian safety review of Cedar Street from the region after two back-to-back collisions last week, one of which killed a three-year-old girl.