What is the test for calling a plumber to give evidence in a case?
British Columbia, Canada
The following excerpt is from Freshslice Properties Ltd. v R.T.M. Holdings Ltd., 2013 BCSC 135 (CanLII):
First, the landlord could have called the plumber to give the evidence, but chose not to do so. In such circumstances, I am guided by the principle enunciated by Lord Mansfield in Blatch v. Archer (1774), 1 Cowp. 63, 98 E.R. 969 at p. 970: It is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
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