Can a wrongdoer escape or limit liability by destroying or destroying evidence needed to assess the value of converted goods?
Ontario, Canada
The following excerpt is from Georgian Bluffs (Township) v. Moyer, 2012 ONCA 700 (CanLII):
We do not agree that the circumstances of this case fall within the principle identified in Lamb v. Kincaid (1907), 1907 CanLII 38 (SCC), 38 S.C.R. 516, that a wrongdoer cannot escape or limit liability by destroying the evidence needed to ascertain the value of converted goods. The removal and destruction of the pallets by the Township did not preclude an assessment of their value as there was evidence from which the trial judge could fairly conclude that the converted property had no value.
"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
If a property has been valued at a fair value after the date of a valuation date, can the value of the property change from its original valuation date to its current value? (Ontario, Canada)
In determining that the contents of the cigarette package was tobacco processed in the form of cigarettes, and in the absence of any evidence supporting that tobacco products contained in the cigarette box contained tobacco, does the prosecution need to call expert scientific evidence? (Ontario, Canada)
If a limitation period is extended after the expiry of the limitation period, is it appropriate to amend the statute of limitation period? (Ontario, Canada)
What is the limitation period for an assessment under the Limitations Act, 2002? (Ontario, Canada)
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
If a periodic support obligation is construed as a liability, what is the current value of the obligation? (Ontario, Canada)
Does a religious institution have to be assessed for purposes of assessment purposes? (Ontario, Canada)
Does a Regulation restricting the distribution of material on a school premises need to be interpreted in the context of Charter values? (Ontario, Canada)
Is there any case law in which the Court has rejected evidence tendered in affidavit form as other affidavit evidence? (Ontario, Canada)
