What are the principles of the Court of Appeal in cases where a party has declined to call a witness?
British Columbia, Canada
The following excerpt is from Singh v Chand, 2019 BCSC 932 (CanLII):
These principles were reaffirmed more recently in Singh v. Reddy, 2019 BCCA 79, in which the court of appeal upheld a trial judge’s decision not to draw an adverse inference against a party who declined to call a witness who had been available to both parties.
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