What are the necessary elements in support of finding spoliation?
British Columbia, Canada
The following excerpt is from Jin v Cheng, 2018 BCSC 763 (CanLII):
The defendant relies upon the description of the necessary elements in support of finding spoliation in Chow-Hidasi v. Hidasi, 2013 BCCA 73, and draws the court’s attention to para. 29 of the judgment of the majority in that case. In my view that paragraph should be seen in the context of the following discussion of the evidentiary presumption:
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