Date: 8-18-2016 Docket: CV-16-11272-00CL. | Link

The Ontario Superior Court considered whether the defendant, who deleted his Internet browsing history from his personal computer in the face of a preservation order, had intentionally destroyed relevant evidence.

Before turning his personal computer over to his lawyer pursuant to the order requiring him to maintain records relevant to the litigation, the defendant employed the use of deletion tools to wipe his Internet browsing history. He asserted that his browsing history was irrelevant personal information. The plaintiff argued that the defendant’s intentional deletion of his Internet browsing history was evidence of spoliation.

The defendant testified he was only trying to protect his personal information, and that the preservation order did not require that he maintain his computer in ‘as is’ condition. The court accepted the defendant’s explanation and found that based on the facts of the case there was insufficient evidence to merit a finding of spoliation.