Can a plaintiff rely on the evidence of defendants in their July 24, 2011 affidavits if they have not been challenged in cross-examinations?
Ontario, Canada
The following excerpt is from Yan v Nadarajah, 2015 ONSC 7614 (CanLII):
The defendants state that in cross-examinations, plaintiffs’ counsel did not tender the defendants’ evidence in their July 24, 2011 affidavits, ask them whether they made the statements and give them an opportunity to explain them. Accordingly, the rule in Browne v. Dunn has not been followed. The plaintiffs cannot rely on the defendants’ evidence in the 2011 affidavits.
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