Is an adverse inference appropriate in a medical malpractice case?
British Columbia, Canada
The following excerpt is from Yang v Duralia, 2020 BCSC 806 (CanLII):
In Mohamud v. Yu, 2016 BCSC 1138 at para. 37, Fisher J., as she then was, made it clear that the question of whether an adverse inference is appropriate is highly fact specific:
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