What is the impact of a judge's error in the application of the rule of common law?
Ontario, Canada
The following excerpt is from R. v Kovacevic, 2017 ONSC 193 (CanLII):
Notwithstanding the trial judge’s lengthy and considered reasons for judgment, the impact of this error on the result of the trial was potentially serious. This conclusion is reinforced when considered against an error in the application of the rule arising from Browne v. Dunn. (c) The alleged Browne v. Dunn error
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