Is there an adverse interest in calling witnesses who have not been called before a jury in a criminal case?

British Columbia, Canada


The following excerpt is from Andrews v. Mainster, 2014 BCSC 541 (CanLII):

Generally, an adverse interest cannot be fairly drawn except from the failure to call witnesses whose testimony would be superior to the evidence already adduced in respect of the fact to be proved: Buksh v. Miles, 2008 BCCA 318 at para. 30.

Other Questions


Is there any case law where a challenge to section 7 of section 467.1 of the Criminal Code is heard before the voir dires? (Alberta, Canada)
Is there any case law on compensation for loss of earning capacity when there is speculation that there is a real and substantial possibility that there may be an increase in interest rates? (British Columbia, Canada)
Is there any case law or case law that supports the argument that a judge should consider some of the issues before the trial of the others? (Ontario, Canada)
Is there any case law where the defence called no evidence to support the presumption of negligence in a motor vehicle accident case? (Ontario, Canada)
Is there any case law that supports the argument that a public interest inquiry is in the "public interest" context? (Ontario, Canada)
Is there any case law where a fugitive has been convicted of a criminal offence in Canada but not a criminal attempt? (British Columbia, Canada)
In a personal injury trial, is there any case law or case law relevant to assessing the credibility of witnesses? (British Columbia, Canada)
Is there any case law that supports the argument that there is public interest standing? (Nova Scotia, Canada)
Is there any case law where a plaintiff is seeking to call witnesses who would testify that they were not involved in fraudulent activities? (British Columbia, Canada)
Is there any case law where evidence giving a different account of events is irrelevant to the test under s.29 of the Criminal Code? (British Columbia, Canada)