The BC Supreme Court dismissed a product liability claim for want of prosecution because destruction of the vehicle and maintenance records left the manufacturer unable to mount a fair defence. The court distinguished this procedural dismissal from spoliation, which requires proof of an intent to affect the litigation.
Case card
T&S Transportation Systems Inc. v Bendix Commercial Vehicle Systems LLC, 2026 BCSC 1942
Source reviewed · Court holding
Held. The BC Supreme Court dismissed a product liability claim for want of prosecution because destruction of the vehicle and maintenance records left the manufacturer unable to mount a fair defence.
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