Date: 2007-11-23 Docket: QBG 2157/04 JCR Hunter J.A. | Link

The Court dismissed the claim because there was no duty to preserve the records at the time they were destroyed, which was before litigation was filed, apparently pursuant to a routine records management process and in accordance with a compliant records retention period. The Court did not comment on whether litigation was reasonably foreseeable at the time the records were destroyed. (para 174)