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ARTICLE · 21 NOVEMBER 2008

Spoliation And Remedies For Evidence Lost Or Destroyed: Conservative Canadian Approach

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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In the recent decision of McDougall v. Black & Decker Canada Inc., the Alberta Court of Appeal clarified the law of spoliation in Canada, articulating a more conservative approach under Canadian law than that found under American law.

CanadaLitigation, Mediation & Arbitration
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Copyright 2008, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Litigation, November 2008

In the recent decision of McDougall v. Black & Decker Canada Inc., the Alberta Court of Appeal clarified the law of spoliation in Canada, articulating a more conservative approach under Canadian law than that found under American law. This decision is important to consider as companies decide when and how to implement "litigation hold" and other policies, and the potential related consequences.

The issue of spoliation arises in circumstances where evidence has been lost or destroyed. In such circumstances, the doctrine of spoliation may be applied to remedy any unfair prejudice existing as a result of the missing evidence.

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