Recent Court of Appeal Decision on Spoliation of Evidence

By Chantal Noël, from our Insurance Law Practice Group.

September 18, 2019 — The Court of Appeal recently put an end to a case that had originated in November 2008 with the destruction by fire of a combine harvester (CNH Industrial Canada Ltd. c. Claude Joyal inc., 2019 QCCA 1151). The owner’s insurer had compensated its insured and then filed a claim against the seller of the machine. The seller had then brought a warranty action against the manufacturer, but only after the machine had been dismantled. The manufacturer then argued that failure to receive notice of the claim and the impossibility to examine the machine deprived it of the right to a defence, thereby justifying the dismissal of the action. Just how did this case end?

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