What is the effect of not calling a witness?
British Columbia, Canada
The following excerpt is from Curpen v Burns, 2021 BCSC 685 (CanLII):
There may be many reasons why counsel decides not to call a witness. Courts are generally cautious in drawing adverse inferences for that reason: Singh v. Reddy, 2019 BCCA 79 at paras. 24–25. An adverse inference should only be drawn if the person not called as a witness would have given evidence superior to other similar evidence: Singh at para. 8.
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