What is the test for cross-examination under oath?
Nunavut, Canada
The following excerpt is from RPC1 and RPC2 v The Commissioner of Nunavut and The Commissioner of the Northwest Territories, 2021 NUCJ 30 (CanLII):
Justice Rouleau, in Baffinland v. Inuavak et al, 2021 NUCJ 22, set out the following three-part test, in the context of undertakings provided during cross examinations on affidavits, to determine when an undertaking should be directed: 1) When the undertakings are relevant to an important issue in the application; 2) When providing the information asked would not be overly onerous; and 3) When the answer to an undertaking will help the court significantly in making a decision.
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