HeyJaredEthan Z. Schiff
- Indexed articles, last 90 days
- 3
- Latest publication
- Aug 5, 2026
- Outlet visibility, for Bennett Jones
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- Jul 17, 2026
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The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation (opens the original)
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After more than a century, the Supreme Court of Canada has revisited the evidentiary doctrine of spoliation and the available remedies in SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29 (SS&C). The Court described spoliation as “the intentional destruction, alteration, mutilation or concealment of evidence with a view to subverting the truth-finding process during litigation”. In a unanimous decision, the Court held that, upon establishing spoliation, a t
The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation (opens the original)
Read excerpt
After more than a century, the Supreme Court of Canada has revisited the evidentiary doctrine of spoliation and the available remedies in SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29 (SS&C). The Court described spoliation as “the intentional destruction, alteration, mutilation or concealment of evidence with a view to subverting the truth-finding process during litigation”. In a unanimous decision, the Court held that, upon establishing spoliation, a t
Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt-Out Request (opens the original)
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Class members seeking to opt out of class actions after the opt-out deadline and a settlement bear a heavy onus. This principle was emphasized in Nardi v. Sorin Group Deutschland GmbH 2026 ONSC 3891, where Justice Glustein dismissed a motion to extend the opt-out deadline in a product liability class action, holding that parties to a settlement reached in principle can be prejudiced by a late opt-out request, even before the settlement is finalized or approved by the court. The class action alle
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