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spoliation

By McCarthy Tétrault LLP | 4 Minutes Read January 13, 2017

Browsing history deleted to prevent embarrassment

In Catalyst Capital Group Inc v Moyse, 2016 ONSC 5271 the Ontario Superior Court considered whether the defendant, Brandon Moyse, who deleted his Internet browsing history from his personal computer in the face of a preservation order, had intentionally destroyed relevant evidence, giving rise to spoliation. Spoliation is an evidentiary rule that gives rise to a rebuttable presumption that destroyed evidence would be unfavourable to the party that destroyed it.

Article by McCarthy Tétrault LLP / Employee Relations, Privacy, Union Relations / browser history, Catalyst Capital Group Inc v Moyse, confidential information, employment law, spoliation

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 4 Minutes Read August 11, 2010

Employers must create and preserve documents in case of a lawsuit

Employers generally win employment law cases when they can provide the courts with a paper trail of evidence in support of their employment related decisions such as termination, disciplinary actions or inability to accommodate the needs of employees, among other things.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards / altering, concealing, deleting or destroying relevant hard-copy or electronic information, disciplinary actions, document recording and retention obligations, document retention policies, documentation, employment law, evidence, human resources management system, inability to accommodate the needs of employees, metadata, preservation and disclosure of electronic and other documents, record keeping, spoliation, termination, wrongful dismissal, wrongful dismissal claim

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