Cases Spasic Spoliation

SUPREME COURT
OF CANADA
BULLETIN OF
PROCEEDINGS

COUR SUPRÃŠME
DU CANADA
BULLETIN DES
PROCÃ‰DURES

CORAM: Gonthier, Major and Binnie JJ.
The applications for leave to appeal are dismissed with costs.
Les demandes d’autorisation d’appel sont rejetÃ©es avec dÃ©pens.

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.)	Order striking out clauses from the Respondent’s Statement of Claim as disclosing no cause of action
July 21, 2000 Court of Appeal for Ontario (Borins, MacPherson, Sharpe JJ.A.)	Respondent’s appeal allowed and order of Cameron J. varied; cross-appeals dismissed with costs to the Respondent
September 29, 2000 Supreme Court of Canada	Application for leave to appeal filed
September 29, 2000 Supreme Court of Canada	Application for leave to appeal filed

Extracted from: Supreme Court of Canada Press Release of March 23, 2001.

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