Can a witness be called in favour of one party and against the other the other?

Ontario, Canada


The following excerpt is from Rassolov v Mizrahi, 2016 ONSC 3428 (CanLII):

In Goldstein v. Davidson, 1994 OJ 1018 para. 41, Justice Ground of the Ontario Superior Court of Justice held that if a witness could reasonably be expected to testify in favour of one party and against the other the party, an adverse inference may be drawn from the fact that the witness was not called by the first mentioned party.

Other Questions


What is the test for making a party pay part or all of the expenses incurred by the other party in a family law case? (Ontario, Canada)
Is a fiduciary who acts on behalf of the other party in a personal relationship with the other person? (Ontario, Canada)
What is the test for obtaining an interim restraining order against a party who is not a party to the motion? (Ontario, Canada)
Can a court award costs to a party who was more successful on an overall global basis than the other party? (Ontario, Canada)
Does a resulting trust exist when a party makes a financial contribution to the initial purchase of a property but then gratuitously transfers their title to the other party? (Ontario, Canada)
Is it an abuse of the court’s process for a party to bring multiple legal proceedings against the same party in the same matter? (Ontario, Canada)
Can a party who has been unsuccessful in a personal injury case rely on their own financial means, such as cash, to avoid the costs of the other party? (Ontario, Canada)
Can a party bring an issue of issue estoppel against the party seeking to relitigate the matter? (Ontario, Canada)
When will the court award costs to a party who was more successful in settling their claim than the other party? (Ontario, Canada)
If a party has delayed obtaining a spousal and/or child support order while trying to negotiate a settlement with the other party, is the recipient of that support order entitled to the recipient? (Ontario, Canada)

There are no other similar questions at this time.