What are the implications of failing to call a witness who might have pertinent evidence?
British Columbia, Canada
The following excerpt is from Sohi v. Sohi, 2015 BCSC 1043 (CanLII):
In Tower Waterproofing v. Mondiale Development Ltd., 2013 BCSC 1772 Savage J. (as he then was) described the principles concerning any inference that may be drawn from the failure of a party to call a witness who might have pertinent evidence. These comments are apposite to this case:
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