SUPREME COURT
OF CANADA
BULLETIN OF
PROCEEDINGS |
COUR SUPRÊME
DU CANADA
BULLETIN DES PROCÉDURES |
28174 IMPERIAL TOBACCO LIMITED, ROTHMANS, BENSON & HEDGES INC. - v. - LJUBISA SPASIC, AS ESTATE TRUSTEE OF THE ESTATE OF MIRJANA SPASIC (Ont.) (Civil)
| CORAM: Gonthier, Major and Binnie JJ. |
The applications for leave to appeal are dismissed with costs.
Les demandes d'autorisation d'appel sont rejetées avec dépens.
NATURE OF THE CASE
Procedural Law - Civil Procedure - Motion to strike pleadings - Torts - Spoliation - Action against tobacco manufacturers for general, aggravated, exemplary and punitive damages for lung cancer caused to Respondent - Whether spoliation of evidence constitutes a cause of action - Whether it is plain and obvious that there is no cause of action in Canada for the intentional spoliation of evidence - Whether there is a conflict between British Columbia and Ontario appellate courts
PROCEDURAL HISTORY
November 25, 1998
Ontario Court (General Division)
(Cameron J.) |
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Order striking out clauses from the Respondent's Statement of Claim as disclosing no cause of action |
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July 21, 2000
Court of Appeal for Ontario
(Borins, MacPherson, Sharpe JJ.A.) |
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Respondent's appeal allowed and order of Cameron J. varied; cross-appeals dismissed with costs to the Respondent |
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September 29, 2000
Supreme Court of Canada |
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Application for leave to appeal filed |
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September 29, 2000
Supreme Court of Canada |
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Application for leave to appeal filed |
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Extracted from: Supreme Court of Canada Press Release of March 23, 2001. |
