Does the failure to cross-examine a witness on a specific issue tend to support an inference that the opposing party accepts the witness’ evidence on that specific issue?
Newfoundland and Labrador, Canada
The following excerpt is from R. v. Nicholson, 2019 NLSC 152 (CanLII):
I note that while the failure to cross-examine a witness on a specific issue generally tends to support an inference that the opposing party accepts a witness’ evidence on that specific point, as a rule of fairness, the rule in Browne v. Dunn is not a fixed rule. The extent of its application lies within the discretion of the trial judge and depends on the circumstances of each case.
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