What is the test for drawing an adverse inference?
Alberta, Canada
The following excerpt is from Dandeneau v. Dandeneau, 2000 ABQB 959 (CanLII):
However, the party asking the court to draw an adverse inference must present some evidence to support the inference. In Alavinejad v. Farimani, [1991] B.C.J. No. 3936, Spencer J. held at p. 9: An adverse inference is not permissible unless there is evidence lead [sic] for the plaintiff that would tend to prove the facts to be inferred to the extent that they demand an answer from the defendant.
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