What is the test for invoking the principle of cross-examination?
Alberta, Canada
The following excerpt is from SSG v SKG, 2022 ABQB 130 (CanLII):
The first question requires the judge to identify whether the evidence being led is properly characterised as falling within the principle. This includes an assessment of the relative significance of the evidence being led in chief to the evidence previously led by the opposing party and not challenged in cross-examination. If that evidence is relatively insignificant, the judge may decide not to invoke the principle in Browne v. Dunn.
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