Is the petitioner's evidence of her taking her hand not challenged or challenged?
British Columbia, Canada
The following excerpt is from Bartman v. Twohey et al., 2004 BCSC 1211 (CanLII):
The petitioner relies on his evidence of her taking his hand not being challenged or contradicted by other evidence. The complainant has no memory of the event, and in that sense does not deny it. The petitioner was not challenged in cross-examination as to the truth of this evidence, and the petitioner relies on Browne v. Dunn (1894), The Reports 67 (1894), requiring that before the evidence of a witness can be impeached he must be given notice, and a failure to do so leaves the evidence unchallenged, and it should therefore be accepted as conclusive.
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