Dynamic Insurance Defence Litigation

The driver and vehicle owner both admitted liability for a collision in Barrie. The action proceeded under Ontario’s Simplified Procedure, and the court awarded Mr. Sharma $400,000 in damages. The question in Sharma v. Bublyk, 2025 ONSC 6245, was whether Rule 76 limited Mr. Sharma to $200,000 for the action as a whole or allowed him to recover up to $200,000 against each defendant. Justice Henschel applied the limit separately, even though the owner’s liability arose from the driver’s negligence.

The destruction of relevant evidence can significantly impact the fairness of litigation. When a party intentionally destroys evidence that may be relevant to a dispute, courts have long recognized the doctrine of spoliation as a mechanism to address the resulting prejudice. In its recent decision, SS&C Technologies Canada Corp. v. Bank of New York Mellon Corp., 2026 SCC 29, the Supreme Court provides guidance on the modern approach to spoliation in Canada.