Under what circumstances will an employer be required to cross-examine a witness in cross-examination?

Ontario, Canada


The following excerpt is from Decision No. 3169/16I, 2017 ONWSIAT 644 (CanLII):

In her submissions, counsel for the employer argued that the Browne v. Dunn rule “is not absolute and that there are exceptions”. She quoted from the Browne v. Dunn case in support of her argument that in situations where: …it is apparent to a witness from the nature of the case itself, or from the nature of the cross-examination, that his/her testimony on a particular point is being called into question, the cross-examiner is not required to use any specific words to convey that to the witness.

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