Case Report – Man CA affirms deferral of spoliation hearing to trial

31 Mar

On December 1st, the Manitoba Court of Queen’s Bench dismissed a motion for an order striking out a statement of defence on the basis of a spoliation claim.  It stressed that spoliation claims will ordinarily be dealt with at trial. (Full summary here.) On March 18th, the Manitoba Court of Appeal issued a short endorsement in dismissing an appeal of this finding.

Commonwealth Marketing Group Ltd. v. The Manitoba Securities Commission, [2009] M.J. No. 77 (C.A.) (QL).

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