What is the effect of adverse party witness rule on cross-examining?
British Columbia, Canada
The following excerpt is from Dawson v. Tolko Industries Ltd., 2010 BCSC 1384 (CanLII):
The starting point for this consideration is two decisions that were, coincidentally, handed down on August 29, 2002: Strother and Russell v. Russell, 2002 BCSC 1233. In both cases, the court opined that the adverse party witness rule should be resorted to in only limited situations. In both cases, defendants were cross-examined pursuant to a notice issued under the adverse party witness rule. There was no attempt in either case to set aside the notice. Accordingly, the comments of the court in both cases are obiter.
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