What is the effect of the absence of a doctor from the witness-box at trial?
Saskatchewan, Canada
The following excerpt is from Miller and Saskatchewan College of Physicians and Surgeons, Re, 1966 CanLII 357 (SK QB):
All evidence is to be weighed according to the proof which it was in the power of one side to have produced and in the power of the other to have contradicted. The unexplained absence of the doctor from the witness-box is not without significance and must, in my view, militate strongly against him: Murray v. Saskatoon, 1951 CanLII 202 (SK CA), [1952] 2 D.L.R. 499 at pp. 505-6, 4 W.W.R. (N.S.) 234.
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