Can a municipal counsellor who is alleged to have executed documents after destroying the documents?

Alberta, Canada


The following excerpt is from McDougall v. Black & Decker Canada Inc., 2008 ABCA 353 (CanLII):

The Ophelia has been applied in Australia. In Allen v. Tobias, [1958] HCA 13, 98 CLR 367, the Australian High Court held that a municipal counsellor who was alleged to have executed certain documents could not assert that he had not executed them after he had destroyed the documents.

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