What is the test for introducing evidence that could impeach credibility?
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):
10. The rule in Browne v. Dunn makes it clear that any evidence that is intended to be used and that could be used to impeach the credibility of a witness that had not been brought to the particular attention of that witness when s/he testified should not be introduced by opposing counsel. But the rule does not apply to situations where the evidence is introduced for purposes other than impeaching credibility.
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