What are the factors used to determine whether a witness has been called to give evidence?
British Columbia, Canada
The following excerpt is from Block v Bal, 2019 BCSC 1852 (CanLII):
I have been referred to Andrews v. Mainster, 2014 BCSC 541 [Mainster], where Pearlman J. summarized the factors to be considered in determining whether an adverse inference can be drawn because a witness was not called to give evidence.
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