SS&C Technologies Canada Corp. v. Bank of New York Mellon Corp.

canada, canadian, case law, court opinion, canlii, csc-scc, 2026scc29, 2026 scc 29 (canlii), 2026, scc, 29, (canlii), 41543, 2026, contracts, commercial contracts, breach, damages, data services agreement prohibiting redistribution to affiliates, whether damages quantification may rely on “rateable approach”, damage award must be tethered to evidence and breaches found, rateable approach premised on flawed assumptions about usage and sharing, matter remitted for reassessment of damages, evidence, spoliation, test, intentional destruction, alteration, mutilation, or concealment, balance of probabilities elements for spoliation, including reasonably contemplated litigation and relevance, whether it is reasonable to infer evidence destroyed to affect litigation, rebuttable presumption that destroyed evidence is unfavourable, spoliation established, evidence, spoliation, remedy, mandatory presumption and adverse inference, whether, once spoliation is established, courts must draw an inference adverse to the spoliator capable of filling the evidentiary gap, scope and extent of adverse inference as discretionary and context, specific, other sanctions including procedural remedies and costs orders, matter remitted for reassessment, evidence, adverse inferences, non, production and preservation, whether trial judge’s inferences were weak and incomplete given the scope and impact of spoliation, inferences required to level the evidentiary playing field and support concrete findings on unauthorized usage and value, improperly burdening non, spoliating party with uncertainty and gaps, matter remitted for reassessment of damages