What is the test for a plaintiff’s position on adverse inference?
British Columbia, Canada
The following excerpt is from McRae v. I.C.B.C., 2006 BCPC 387 (CanLII):
The learned trial judge characterised the plaintiff’s position in the following words: [i]n the present case, the plaintiff’s position, if accepted, would mean that the adverse inference was taken as proof of a specific negligent act. (At paragraph 21). He went on to state that the case relied upon by the plaintiff, Murray v. Saskatoon, (supra.), was not authority for the proposition advanced by the plaintiff.
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