Date: 2005-06-06 Docket: 0403-0234-AC. Fraser, C.J.A. | Link

The Court of Appeal lays out seven factors for consideration when assessing possible sanctions: "1) the role of counsel, including the extent to which the actions of the respondents' counsel might have contributed to the respondents' contempt; (2) the motivation for the destruction/erasure of the computer records while the undertakings to produce them remained extant; (3) the consequences flowing from the destruction of those records and what redress should flow from that, including consideration of whether any adverse inferences should be drawn as a result thereof; (4) the entire context and history of the litigation; (5) the amount of reasonable thrown-away costs properly incurred; (6) the nature of the contempt; and (7) the degree of culpability of the contemnors."