Is a defendant precluded from bringing a motion for non-suit if he has opened his case?
Prince Edward Island, Canada
The following excerpt is from Doyle v. Roberts & PEI Mutual, 2015 PESC 2 (CanLII):
My understanding of the rule of Browne v. Dunn and ss. 16 and 17 of the Evidence Act do not save the defendant from the conclusion that he has opened his case. If the defendant has opened his case, is he now precluded from bringing a motion for non-suit?
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