Case Law Database
Acknowledging and understanding the relevant North American case law is a core component of the Digital Records Forensics project. It is necessary to know how the courts have addressed matters of authenticity of evidence, expert witnesses, disclosure of documentation, privacy, and other related topics as they apply to digital records. This database offers abstracts of some of the most interesting and current cases addressing these issues. The database also includes statutory provisions and tribunal decisions. Readers should be aware that this database is not exhaustive and will be updated on a regular basis.
To access the database, click on the appropriate primary category and then select the sub-category of your choosing. The number in parentheses represents the number of cases currently in that area.
- Cases:
Cases on Spoliation
- Canada
-
- Case Name: McDougall v. Black & Decker Canada, Inc.
- Case Citation: 2008 ABCA 353
- Decision Date: October 2008
- Court: Court of Appeal of Alberta
- Link(s) to Case: http://www.canlii.org/en/ab/abca/doc/2008/2008abca353/2008abca353.html
- Abstract: In January 2004, the plaintiffs lost their house to a fire and the fire department determined it resulted from either improperly secured smoking materials or a Black & Decker cordless electronic drill. The plaintiffs sued Black & Decker. The plaintiffs hired an insurance investigator to inspect the fire and he confiscated the drill. By the time the lawsuit began, the house had been raised and parts of the drill had gone missing. Black & Decker filed to have the suit dismissed on the basis of spoliation since they could properly investigate the fire scene or the drill. A chambers judge granted this motion but the plaintiffs appealed. The Court of Appeal overturned the chambers judge’s decision. Foremost, Black & Decker did not request the drill until 2006, over two years after the incident, nor did the company take advantage of being granted access to the fire scene as early as 2004. Furthermore, though Black & Decker said parts of the drill had gone missing, it was unclear which parts no longer existed and if their absence resulted from their intentional destruction. The Court of Appeal ruled that Black & Decker should be granted access to the plaintiff’s insurance investigator as well as any photographs he took of the fire scene and the drill. Following an examination of the available evidence, the court left issue of spoliation to be determined at trial.
- Keywords: destruction of evidence, preservation of evidence, spoliation
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