What is a trier of fact’s discretion to draw an adverse inference?
Alberta, Canada
The following excerpt is from Unite Here, Local 47 v. Crown Camp Services Ltd./PTI Group, 2007 ABQB 139 (CanLII):
The only restriction upon a trier of fact’s discretion to draw an adverse inference is the caveat that such an inference cannot be substituted for proof of the facts necessary to make out a prima facie case: Weedon v. Sherritt Inc., [2003] A.J. No. 1710, 2004 ABCA 160.
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