Date: 2006-10-11 Docket: 26726. Heeney J. | Link
Liability in a motor vehicle accident. Question of improper assembly of the front left wheel. Although truck and its component parts were made available to all experts on both sides for inspection, the component parts were later lost or destroyed while in the custody of the plaintiff's insurer and could not be produced for exhibit during the trial. Defendant's counsel concedes there is no great prejudice to the defendant because experts had had the opportunity to view the parts. Although the parts were considered relevant and were destroyed while litigation was pending, the Court concluded the the allegation of spoliation was not proven because there was no evidence to support that the parts had been destroyed for fraudulent purposes or to suppress the truth. (paras 123-127). Relies on Dyk v. Protec Automotive Repairs, 1997 CanLII 2114 (BC S.C.) for an analysis of American and Canadian case law.