Is there an adverse inference against a claimant who did not call two potential witnesses?
British Columbia, Canada
The following excerpt is from Surrett v Butkiewicz, 2018 BCSC 2194 (CanLII):
While I found it curious that the claimant did not call these two potential witnesses, I have decided there is an insufficient basis for an adverse inference. They were not within the claimant’s exclusive control, and the respondent could have summoned one or both of them to testify if desired: Koltai v. Wang, 2015 BCSC 1346 at para. 230. As I said, they were present in court throughout the trial, and I would happily have ordered either or both to take the witness stand if respondent’s counsel had asked.
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