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The court held Driver liable in negligence and battery after a motorcycle collision during a psychotic episode, and found Owner vicariously liable under s. 86.
Applying a contextual totality-of-the-circumstances analysis, the judge found most pre-May 9, 2019 communications did not contain personal information in which the complainant had a reasonable expectation of privacy (they were direct communications to the accused, often one-sided or sent when the accused had repudiated contact, and contained no sexual content), and therefore are not "records" under s.278.1 and are admissible without further s.278.92 application; however Tabs 1, 11 and 30 were found to give rise to a reasonable expectation of privacy and are presumptively inadmissible and subj…
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