Ont. school boards are trying to knock down the social media giants. Do their cases stand a chance?

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.