Is cross-examination permissible in a civil proceeding?

Alberta, Canada


The following excerpt is from Grant MacEwan Community College v. Alberta (Human Rights Commission), 2000 ABQB 1015 (CanLII):

Further, Estey J. stated in Township of Innisfil v. Township of Vespra (1981), 1981 CanLII 59 (SCC), 123 D.L.R. (3d) 530 (S.C.C.) at 546: ...cross-examination is a vital element of the adversarial system applied and followed in our legal system, including, in may instances, before administrative tribunals since the earliest time...cross examination and the right to meet the case being made against the litigant...is the procedural substructure upon which the common law itself has been built. That is not to say that because our Court system is founded upon these institutions and procedures that administrative tribunals must apply the same techniques...where the rights of the citizen are involved and the statute affords him the right to a full hearing...one would expect to find the clearest statutory curtailment of the citizen’s right to meet the case made against him by cross-examination.

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