What happens if I destroy or lose relevant documents in an Ontario lawsuit?

Destroying or failing to preserve relevant documents after litigation has started — or after you reasonably should have expected litigation — can have serious consequences in Ontario. Courts can draw an "adverse inference," meaning the judge can assume that the destroyed documents would have been harmful to your case. This can significantly weaken your position.

In more serious cases, the court may grant a remedy called an "anti-spoliation order" or strike out your pleadings entirely if the destruction of evidence is deliberate and prejudices the other side's ability to prosecute or defend their claim. While accidents happen, courts look closely at whether the destruction was intentional, negligent, or innocent.

The best practice is to implement a "litigation hold" as soon as litigation begins or is reasonably anticipated. This means preserving all potentially relevant documents — physical and electronic — and suspending any routine document destruction policies. Your lawyer will typically advise you on this immediately when you retain them. Acting quickly to preserve evidence protects your ability to present your full case.