What is the law governing adverse inferences from failure to call medical witnesses?
British Columbia, Canada
The following excerpt is from Litt v. Guo, 2015 BCSC 2207 (CanLII):
The law governing adverse inferences from failure to call medical witnesses is explained in Buksh v. Miles, 2008 BCCA 318. It is put in the context of instructions to a jury, but is equally applicable to a self-instruction in a judge-alone trial:
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