Link to older case law related to Spoliation

Holland v. Marshall, 2008 BCCA 468 (CanLII)

  • July 29, 2016

Date: 2008-11-18 Docket: CA034582 ; CA035819. The Honourable Madam Justice Rowles. | Link
"Justice Brooke stated his understanding of the law of spoliation based on four case authorities to which he was referred by counsel for the respondents.

Galenzoski v. Awad, 2007 SKQB 436 (CanLII)

  • July 29, 2016

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.

Kulynych v Manitoba Lotteries, 2009 MBQB 187 (CanLII)

  • July 29, 2016

Date: 2009-06-30, Spivak J. | Link
Videotape evidence that the plaintiff was wearing sunglasses at the time of a fall that caused an injury to her wrist was "no longer in existence" despite advice to the surveillance department to hold the tape for 36 months.