Canada: Disclosure & Electronic Discovery & Privilege

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”.

The Supreme Court of Canada has established a comprehensive framework for addressing spoliation of evidence, clarifying when severe penalties should be imposed on parties who intentionally destroy or conceal evidence during litigation. This landmark decision outlines the four-part test for proving spoliation and explains how courts must draw adverse inferences to fill evidentiary gaps created by document destruction.

The Supreme Court of Canada has issued its first spoliation decision in over a century, establishing a definitive four-part test for proving intentional evidence destruction and mandating adverse inferences against parties who destroy relevant litigation evidence. This landmark ruling clarifies when courts must penalize document destruction, expands available remedies beyond adverse inferences, and reinforces that parties cannot benefit from evidentiary uncertainty they deliberately create.

In Stack v The King, 2024 TCC 137, the Tax Court of Canada blocked the Canada Revenue Agency's attempt to obtain various documents, including an email record, that were protected by solicitor-client privilege.

The Ontario Court of Appeal issued decisions on several civil matters during the week of May 11, 2026, addressing complex issues ranging from insurance coverage disputes and corporate veil piercing to anti-SLAPP motions and administrative tribunal independence. These rulings provide important guidance on summary judgment procedures, causation analysis in multi-event losses, and the scope of deliberative secrecy protecting tribunal communications.

In multi-party litigation, it is common for a plaintiff to reach a partial settlement agreement with certain defendants at various stages of the proceeding...

Researchers and academics are routinely required to defend statements they have made in the course of their work — at conferences of their peers...

The idea that what you and your lawyer discuss in private, should remain private, is at the core of our legal system.

In the course of a tax appeal, the taxpayer and the Canada Revenue Agency (CRA) are entitled to inspect certain documents that are in the other party's possession...