No Sanctions For Plaintiff That Intentionally Destroyed Allegedly Defective Product

Product manufacturers claiming spoliation have not received much assistance from Canadian courts. The recent Ontario Superior Court decision in Stilwell v. World Kitchen Inc.¹ continues that trend, finding that a plaintiff that intentionally destroyed an allegedly defective Dutch oven would face no sanctions.

The plaintiff alleged that he was washing a Dutch oven in their kitchen sink when it broke into four large pieces, severely lacerating the plaintiff's wrist. The plaintiff instructed his wife to discard the Dutch oven the afternoon or evening of the accident, as he would otherwise not return home as he claimed to be so traumatized by the experience that he did not wish to see the Dutch oven.