Date: 2005-01-05 Docket: S/C/755/00. William T. Grant J. | Link

A nice discussion of the law starting at paragraph 17, in which the court says "The law concerning spoliation in Canada begins with the decision by the Supreme Court of Canada in St. Louis v. R. (1895) S.C.R. 649 which stands for the proposition that where one party destroys evidence there is a rebuttable presumption that the evidence destroyed would have been adverse to that party's interest." In the following paragraphs there is a discussion of the case law in various jurisdictions, including the U.S. cases Silvestri v. General Motors Corp., 2001 U.S.App. Div. LEXIS 24413 (4th Cir. 2001) and Northern Assurance Co. v. Ware, 145. FRD 281, 283 (D. Me. 1993).