What is the test for producing evidence that a party possesses?
Ontario, Canada
The following excerpt is from 1413910 Ontario Inc. v. Select Restaurant Plaza Corporation, 2006 CanLII 44266 (ON SC):
An adverse inference may be drawn where evidence that a party possesses is not produced. However, this principle applies when the facts or evidence in question are almost entirely within the knowledge of one party. The court, therefore, needs to consider what opportunities for knowledge both parties had (Snell v. Farrell, 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311 at para. 31-33).
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