spoliation

Browsing history deleted to prevent embarrassment

January 13, 2017 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR and Technology, HR Policies and Procedures, Human Resources, Privacy and Security, Union Relations

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.

browser history, Catalyst Capital Group Inc v Moyse, confidential information, employment law, spoliation

Employers must create and preserve documents in case of a lawsuit

August 11, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, HRMS, Human Resources

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.

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