What is the test for calling a witness who could reasonably reasonably be expected to provide supporting evidence?
British Columbia, Canada
The following excerpt is from H.S.S. v. S.H.D., 2016 BCSC 1300 (CanLII):
It is well-established that in certain circumstances, an inference adverse to a litigant may be drawn if that litigant fails to call a witness who could reasonably be expected to provide supporting evidence: Buksh v. Miles, 2008 BCCA 318 at para. 31. This doctrine should be invoked with caution.
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