What is the test for cross-examination of a witness in a civil case?
Canada (Federal), Canada
The following excerpt is from Chung v. Canada (Citizenship and Immigration), 2014 FC 16 (CanLII):
Secondly, I agree with Minister’s counsel that the last part of the quotation from Browne v. Dunn is applicable to this case “… it seems to me that a cross-examination of a witness which errs in the direction of excess may be far more fair to him than to leave him without cross-examination, and afterwards to suggest that he is not a witness of truth, I mean upon a point on which it is not otherwise perfectly clear that he has had full notice beforehand that there is an intention to impeach the credibility of the story which he is telling.” (my emphasis)
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