Is spoliation a sufficient cause of action in the context of the failure to save and preserve all the video tape which was automatically taped over?
Ontario, Canada
The following excerpt is from Johnson v Cline, 2017 ONSC 3916 (CanLII):
Nor am I unmindful of counsel’s submission that I should find spoliation in respect of the failure to save and preserve all the video tape which was lost when automatically taped over. Leon v. Toronto Transit Commission, 2016 O.J. No. 2805 makes clear that it only applies when intentional destruction of evidence is proven to have occurred so as to rid a case of evidence unfavourable to the destroying party. I find the opposite to be the case here, namely that the vast majority of the video was never watched, and that what was relevant was produced.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
On a motion to dismiss a claim for failure to disclose a cause of action, is the statement of defence sufficient to accommodate drafting deficiencies? (Ontario, Canada)
Does a motion to amend a statement of claim to assert a new ground of relief arising out of the same facts in a dental malpractice action constitute pleading a new cause of action? (Ontario, Canada)
What causes of action exist in the context of "racial profiling"? (Ontario, Canada)
Is a limiting instruction sufficient to overcome any prejudice caused by the use of a video of a plaintiff in a civil case? (Ontario, Canada)
Is there any cause of action of any action of railways? (Ontario, Canada)
What is the test for just cause in the context of just cause cases? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
What is the test for establishing a cause of action in a medical malpractice case? (Ontario, Canada)
What causes of action does the respondent rely on? (Ontario, Canada)
What is the test for disclosing a cause of action in contract? (Ontario, Canada)
