What is the effect of the absence of a doctor from the witness-box at trial?
Saskatchewan, Canada
The following excerpt is from Miller and Saskatchewan College of Physicians and Surgeons, Re, 1966 CanLII 357 (SK QB):
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. The unexplained absence of the doctor from the witness-box is not without significance and must, in my view, militate strongly against him: Murray v. Saskatoon, 1951 CanLII 202 (SK CA), [1952] 2 D.L.R. 499 at pp. 505-6, 4 W.W.R. (N.S.) 234.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of a learned trial judge's failure to give credence to the defence of automatism? (Saskatchewan, Canada)
What is the test for changing a jury trial to a different jury trial? (Saskatchewan, Canada)
What is the effect of a learned trial judge's finding that two drivers were not at fault in a motor vehicle accident? (Saskatchewan, Canada)
What is the effect of a judge's summing-up observations on the question of manslaughter in a trial for murder? (Saskatchewan, Canada)
What is the effect of having an outstanding restraining order against an accused who has not been brought to trial? (Saskatchewan, Canada)
What is the evidential standard for admission of evidence at trial where issues of trial fairness are concerned? (Saskatchewan, Canada)
Can a defendant at trial advance the defence of misrepresentation at trial? (Saskatchewan, Canada)
In what circumstances will the trial judge allow the parents of a plaintiff to participate in the trial? (Saskatchewan, Canada)
Is a father's intention to maintain complete control of a deposit receipt during his lifetime to his son only after his death effective testamentary disposition? (Saskatchewan, Canada)
What is the effect of a judge's admonishment to a jury in a sexual assault case? (Saskatchewan, Canada)
