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Spoliation: the consequences of lost or destroyed evidence

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 28 2009

The recent decision of the Alberta Court of Appeal in McDougall v. Black & Decker Canada Inc. (2008), explored the issue of lost or destroyed evidence and whether an action can or should be struck prior to trial, on the basis of spoliation