Case Report – BCCA speaks on spoliation

On November 18th, the British Columbia Court of Appeal dismissed an appeal in which allegations of spoliation were made. The outcome is not remarkable, as the claim was based on the routine destruction of records pursuant to policy before litigation was reasonably contemplated. In a testament to how interesting this issue has become, however, Madam Justice Rowles went on gratuitously about spoliation in great detail, describing the debate about the doctrine in both Canadian and American law. If you too are interested in the issue, this case is worth a read.

Holland v. Marshall, 2008 BCCA 468 (CanLII).

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