Under what circumstances will a witness be allowed to give evidence to a jury?
Ontario, Canada
The following excerpt is from a caselaw decision:
Over the strong objection of counsel for the wife, I allowed this witness to testify. At that stage of the trial, he was a surprise witness. And his evidence violated the rule in Browne v. Dunn in that D. testified to an alleged conversation that he had with his mother, which conversation was never put to the wife while she was in the witness box earlier during the course of the trial.
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