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

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

A short letter asking the other party to preserve relevant evidence (a "preservation letter") puts them on notice.
Courts can draw an adverse inference: assume the missing evidence would have hurt the side that destroyed it. This is known as spoliation.
Stores, buildings and cities often keep video only for days or weeks. Ask for it in writing right away.
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.
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.
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