What is the test for adverse inference in a case where a party fails to call a witness who has material evidence?
British Columbia, Canada
The following excerpt is from Corness v Ng, 2022 BCSC 334 (CanLII):
The defendants refer me to the well known decision in Buksh v. Miles, 2008 BCCA 318 for the principles involved in deciding whether to make an adverse inference where a party fails to call a witness who has material evidence. At para. 35 the court provides:
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