Court dings departed employee for intentional spoliation

On March 7th, the Alberta Court of Queen’s Bench found a departed employee in contempt for counseling a contact to destroy evidence for the purpose of interfering with the administration of justice. The Court ordered the employee:

  • to produce any and all computers and electronic media in his possession, power or control, for a forensic review to be conducted by a computer expert retained by the plaintiffs;
  • to pay for the review and post $30,000 in security for costs; and
  • to pay the costs of the contempt motion on a full indemnity basis.

Fuller Western Rubber Linings Ltd. v Spence Corrosion Services Ltd., 2012 ABQB 163 (CanLII).

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