In what circumstances will the court compel a defendant to call his mother as a witness?
British Columbia, Canada
The following excerpt is from MacLean v. Mio, 2010 BCSC 1109 (CanLII):
In Malinowski v. Malinowski, 2000 BCSC 703 at paras. 53-56, the failure of the defendant to call his mother as a witness, when she had put up some of the funds advanced to the defendant and his wife, led the court in the absence of any reasonable explanation, to draw the adverse inference that the mother would not have supported the defendant’s testimony on the issue of whether the monies advanced in that case were gifts or loans.
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