What is the test for adverse inference when a party fails to call a witness?
Ontario, Canada
The following excerpt is from Buck v Morris, 2013 ONSC 7596 (CanLII):
As summarized in Wiche v. Ontario, [2001] O.J. No. 1850, Ground J. stated: The authorities establish the principle that adverse inference may be drawn from the failure to call a witness where: (a) the party has not explained the failure to call an important witness, (b) the evidence of that witness has not been provided from other sources, (b) a prima facie case has been established by the opposing party that the party failing to call a witness must disprove or risk losing the case, and (d) that party alone could bring the witness before the court.
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