Date: 2009-11-09 Docket: 2007-1665(GST)G ; 2007-1561(IT)G  B. Paris J. | Link

The Appellant seeks an order allowing his appeal based on grounds that the respondent has not disclosed all relevant documents and has destroyed relevant information. Although the Respondent acknowledges it does not have standard information management retention and destruction policies, the court did not find that the missing information was intentionally destroyed, nor that the Appellent had shown that the missing documents were necessary to its case or how the loss of the documents prejudiced his case. (Paras 18 and 19)