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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.

The Supreme Court of Canada (SCC) ruled on the proper application of section 4 of BC's Protection of Public Participation Act, SBC 2019, c. 3 (PPPA) for the first time in Hansman v. Neufeld, 2023 SCC 14.