No Evidence? No Problem! Ontario Courts Relax Sanctions On Plaintiffs Disposing Of Evidence

Plaintiffs that dispose of their allegedly defective products prior to trial may have a stronger case than you think. Recent developments in Ontario law have given some leeway to parties that, for whatever reason, destroy or dispose of the central evidence in their case.

Spoliation

Traditionally, the law of destruction of evidence (or "spoliation") was fairly straightforward. Where evidence was intentionally destroyed by a party to an action, the court would draw an inference that the evidence would have been harmful to that party's case. In that way, courts removed any incentive for a party to destroy or cover up crucial evidence.

Recent Ontario Cases

A pair of Ontario cases over the last two years, though, have added some nuance – and introduced some difficulties – to that general principle.