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ARTICLE · 07 APRIL 2015

Canadian Courts ‘Rock The Boat’ On Spoliation Law

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In June 2014, our product liability group reported on a number of developments in the law of spoliation pertaining to product liability.

CanadaConsumer Protection
Jeremy Martin
Jeremy Martin
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In June 2014, our product liability group reported on a number of developments in the law of spoliation pertaining to product liability.  Less than one year later, it is already time to reassess the courts' approach to the issue of what is to be done when one party destroys the central evidence in a case, due to new decisions in Nova Growth Corp. v. Andrzej Roman Kepinski1  and the maritime case of Forsey v. Burin Peninsula Marine Service Centre.2

The State of Spoliation Law in Canada Prior to the Decision in Forsey v. Burin Peninsula Marine Service Centre

In our 2014 article, we discussed Stilwell v. World Kitchen Inc.3  and Leon v. Toronto Transit Commission4  - both cases in which one party destroyed relevant evidence within 24 hours of the incident giving rise to legal action.

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