Is negative inference taken as proof of negligence?
British Columbia, Canada
The following excerpt is from Tremblay v. Westfair Foods Ltd., 2003 BCSC 1017 (CanLII):
In the present case, the plaintiff’s position, if accepted, would mean that the adverse inference was taken as proof of a specific negligent act. Murray v. Saskatoon is not authority for the proposition that a negative inference may provide proof of negligence where that proof is not otherwise available.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How has the law of negligence been distinguished between negligence and negligence? (British Columbia, Canada)
How may a defendant negate the inference of negligence by raising the defence of explanation or defence of inevitable accident? (British Columbia, Canada)
Is there a presumption that a witness who testifies to an affirmative or negative memory should be credited with a negative memory? (British Columbia, Canada)
How does the defence of explanation work when the trial judge draws an inference of negligence? (British Columbia, Canada)
What is the burden of proof in cases where the evidence of negligence is circumstantial? (British Columbia, Canada)
In a motor vehicle accident, can the driver's negligence be inferred? (British Columbia, Canada)
How have the courts in BC dealt with the issue of proof of loss at the commencement of trial in a case where the loss had taken place as soon as practicable? (British Columbia, Canada)
What is the test for inference of negligence in cases involving rear-end collisions? (British Columbia, Canada)
What is the test for apportioning apportionment under the contributory negligence provisions of the Negligence Act? (British Columbia, Canada)
What is the test for a finding of negligent negligence? (British Columbia, Canada)
