Civil Litigation

Preserving Evidence Before and During a Lawsuit

The best case can be lost if the evidence disappears. Here is how to keep what matters, and why destroying evidence backfires.

Two black and blue click pens on white book page

Once a legal dispute is reasonably likely, both sides should preserve relevant evidence. Destroying it, even by accident, can hurt your case.

The short answer

Keep everything related to the dispute: emails, texts, photos, videos, receipts, contracts and devices. Turn off automatic deletion, and ask the other side in writing to keep their evidence too.

What to keep

  • Emails and text messages, including on old phones
  • Photos and videos, with their original files
  • Contracts, invoices, receipts and bank records
  • Social media posts and messages
  • Physical items, such as a defective product

How to keep it

  • Back up phones and computers.
  • Turn off auto-delete settings in messaging apps and email.
  • Export chats with dates and names.
  • Store physical items safely, without repairing or throwing them away.

Ask the other side

a row of books sitting on top of a shelf

A short letter asking the other party to preserve relevant evidence (a "preservation letter") puts them on notice.

If evidence is destroyed

Courts can draw an adverse inference: assume the missing evidence would have hurt the side that destroyed it. This is known as spoliation.

Security video

Stores, buildings and cities often keep video only for days or weeks. Ask for it in writing right away.

Talk to NEO

Have a claim, or been sued? NEO represents clients in Small Claims Court (claims up to $50,000) and can tell you if your matter needs a lawyer. Call 647-200-3526 or toll-free 888-519-2435, email info@neolegalservices.com, or book a free consultation.

Sources

Read next: Joint and Several Liability: When More Than One Person Is at Fault

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: two black and blue click pens on white book page · a row of books sitting on top of a shelf.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.

Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.

Book a Free Consultation

Loading comments…

Law Society of Ontario — Barreau de l'Ontario
Find it on Apple NewsView full feature on Apple News