What is the impact of cross-examination in a benefit/cost analysis?
British Columbia, Canada
The following excerpt is from Araya v. Nevsun Resources Ltd., 2015 BCSC 2164 (CanLII):
In Carter v. Canada (Attorney General), 2011 BCSC 1371 at para. 83 [Carter], Madam Justice Smith observed that a key consideration in the benefit/cost analysis is the detriment which may well arise when the evidence in question “would be very difficult to test through cross-examination or contradiction, posing a significant threat to the integrity of the legal process”.
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