What is the current state of the law on cross-interference by counsel during an examination?

Canada (Federal), Canada

The following excerpt is from General Motors of Canada Ltd. v. The Queen, 2006 TCC 184 (CanLII):

Appellant counsel relied on the case of Kudlak v. Sutherland, [2005] O.J. No. 3395 to support his argument that the Respondent's interventions were excessive and should not be tolerated. At paragraph 16 of that decision, Justice Pierce discussed those circumstances where interjections would be allowed by counsel whose client was being examined: 1. To permit counsel to understand the question put to his client, in order to determine whether it is a proper question. 2. Once counsel understands the question, he may interject only to object... An objection should be identified as such, with the grounds succinctly stated. An interjection that does not fall within the above principles is merely interference. and those circumstances where interjections would not be allowed: 3. Counsel must not answer questions for a witness whose answer is wrong. 4. Counsel must not lead the witness after the witness has given a damaging answer. 5. Counsel must not answer to correct or clarify a confusing answer. 6. Counsel cannot communicate with the client during examinations. ... 7. Counsel may re-examine, if necessary ... The re-examination is restricted to correcting answers that are wrong or ambiguous.

Other Questions


What is the current state of the law on counsel's representation that there is a potential conflict between counsel and appellant? (MultiRegion, United States of America)
What is the current state of the law on counsel assisting the client in presenting false evidence? (MultiRegion, United States of America)
What is the current state of the law on the right of counsel in civil cases? (Canada (Federal), Canada)
What is the current state of the law regarding post-verdict inquiries into juror's state of mind? (MultiRegion, United States of America)
What is the current state of the law on the power of a court to sanction counsel or litigant for bad faith conduct? (MultiRegion, United States of America)
What is the current state of the law governing ineffective assistance of counsel? (MultiRegion, United States of America)
Can a federal habeas court re-examine a state court's determination that a claim raised solely an issue of state law? (MultiRegion, United States of America)
What is the current state of the law on whether a written statement obtained from appellant without the presence of counsel is a violation of his Miranda rights? (MultiRegion, United States of America)
What is the current state of the law on cross-examination in a medical malpractice case? (MultiRegion, United States of America)
What is the current state of the law on whether a state conviction "relates" to aggravated sexual abuse sexual abuse, or abusive sexual conduct involving a minor or ward? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.