BMW Canada Inc. v Autoport Limited

2017 ONSC 7379; 2018 ONSC 4208; 2019 ONSC 4299. Lerners acts for Autoport Limited, who appealed a Master’s motion decision allowing BMW Canada Inc. to destroy thousands of vehicles that are the subject matter in BMW’s action if Autoport did not take possession of the vehicles or assume storage costs. On appeal, a judge overturned the Master’s decision and ordered BMW to preserve the vehicles. The Divisional Court restored the Master’s decision. Autoport is awaiting leave to appeal to the Court of Appeal for Ontario. This appeal raises the important issue of the existence and scope of a party’s preservation obligation with respect to its own property that is evidence.