Is it unfair to cross-examine on undisclosed documents?
Ontario, Canada
The following excerpt is from Montgomery v Corlies, 2016 ONSC 1223 (CanLII):
Attempting to cross-examine on undisclosed documents is not only unfair to the witness, but is equivalent to trial by ambush. It should not be judicially condoned: see Iannarella v. Corbett, [2015] O.J. 726 at para 33.
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