What is the test for adverse inference in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Bronson v. Hewitt, 2010 BCSC 169 (CanLII):
As noted by Saunders J.A. in Buksh v. Miles, 2008 BCCA 318 at para. 30, 83 B.C.L.R. (4th) 162, the notion of adverse inference is related to the best evidence rule. The inference should only be drawn in regard to the non-production of witnesses whose testimony would be superior in respect of the facts to be proved.
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