What is the test for cross-examination in the context of evidence that contradicts an opposing witness?
Ontario, Canada
The following excerpt is from R. v. M.A.G., 2017 ONCJ 64 (CanLII):
The rule in Browne v. Dunn requires that, where a party intends to introduce evidence which contradicts an opposing witness on matters which are central or significant, the opposing witness must be given an opportunity to address the issue in cross-examination.
The rule in Browne v. Dunn is rooted in fairness to the witness. When it is followed, the court is assisted in the evaluation of each witness’ credibility.
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