What is the adverse inference instruction for failure to call a medical witness?
British Columbia, Canada
The following excerpt is from Brar v Ismail, 2018 BCSC 1487 (CanLII):
The factors with respect to whether an adverse inference instruction for failure to call a medical witness should be given was canvassed in in Buksh v. Miles, 2008 BCCA 318. The court said:
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