Does having the father present his case first, including evidence presented by the father and his witnesses, result in the mother’s counsel eliciting information from the mother without first putting the issue to the father?
Ontario, Canada
The following excerpt is from Achakzad v. Zemaryalai, 2009 CanLII 49896 (ON SC):
Having the father present his case first, including evidence presented by the father and his witnesses, resulted in the mother’s counsel eliciting information from the mother without first putting the issue to the father, contrary the rule in Browne v. Dunn (1893), 1893 CanLII 65 (FOREP), 6 R. 67 (H.L.).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a father's materials set out that he would assist in the mother continuing to have access to the child if the child was returned to the father, would the father's material set out to support the mother's access? (Ontario, Canada)
Does a party who brings the motion as well as the witnesses upon whom the moving/applying party relies have an obligation to present and present witnesses to the motion? (Ontario, Canada)
Is there any case law where a trial counsel improperly elicited evidence from defence witnesses in cross-examination? (Ontario, Canada)
What is the impact of self-help by the mother on the relationship between the father and the mother? (Ontario, Canada)
Is a solicitor required to be present as counsel and as a witness in a proceeding? (Ontario, Canada)
Is there any case law where evidence on one issue is presented at the same time as that on another? (Ontario, Canada)
Can punitive damages be certified as a common issue for the first common issues trial? (Ontario, Canada)
When will a step-mother be awarded specified access to the child by the biological mother and father of the child? (Ontario, Canada)
How have the courts in the United States dealt with the issue of disclosure of confidential information on a Motion for Personal Information Protection? (Ontario, Canada)
What is the test for competent and informed advice in the context of the issue of Issue 1(a) of the Irish Times? (Ontario, Canada)
