If the evidence the Respondent submitted was to add details of conversations and was not intended or capable or capable of raising any adverse implications regarding the credibility of the complainant, is it admissible evidence?
Ontario, Canada
The following excerpt is from Clark v. Retail, Wholesale and Department Store Union,AEL-CIO-CLC, Local 414, 1991 CanLII 6065 (ON LRB):
12. On the other hand, if the evidence the respondents sought to introduce was tendered simply to add details of conversations and was not intended or capable of raising any adverse implications regarding the credibility of the complainants with regard to those details, then the evidence is admissible evidence and does not offend the rule in Browne v. Dunn. The introduction of evidence in this way may affect what weight it will be given at the end of the day, but it will not affect the admissibility of the evidence. It then follows that if the complainants feel it desirable to rebut any of that evidence, they are free to do so in reply.
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