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ARTICLE · 24 AUGUST 2026

Spoliation: What Litigants Need To Know About Preserving Evidence

Alexander Holburn Beaudin + Lang LLP
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The Supreme Court of Canada has clarified the legal test for spoliation, establishing a four-part framework that litigants must understand when preserving evidence. This doctrine, rooted in ancient Roman law, creates a mandatory presumption against parties who intentionally destroy or suppress relevant evidence, with courts now empowered to impose severe but proportionate remedies based on the magnitude of the misconduct.

CanadaLitigation, Mediation & Arbitration

Litigants have an ongoing obligation to preserve and produce any documents, videos, or other evidence that is or may be relevant to issues to be determined in a legal proceeding. Where a party intentionally suppresses or destroys evidence, there can be significant consequences. This is known as the doctrine of “spoliation”. In its recent decision, SS&C Technologies Canada Corp v. Bank of New York Mellon Corp.1 the Supreme Court of Canada clarified test for spoliation and provided an important warning to litigants about the severe consequences for intentionally interfering with the truth-seeking function of the court.

What is Spoliation?

The doctrine of spoliation is an ancient legal rule dating back to early codification of Roman law.2 The doctrine is based on the Latin maxim “omnia praesumuntur contra spoliatorem” which means “all things are presumed against the spoliator”.

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