Late disclosure of documents during cross-examination ruled unfair; court ordered revised trial procedure to remedy ambush.
In the midst of a family law trial, the respondent husband objected to the applicant wife's attempt to cross-examine him on police occurrence reports and title documents that had not been previously disclosed.
The court found that the wife's late production of these documents amounted to trial by ambush and created unfairness for the husband, violating the fundamental principle of early and complete disclosure in family law.
To remedy the unfairness, the court halted the cross-examination on the new documents and ordered a revised trial schedule, requiring the wife to testify first to establish the admissibility of the documents and allowing the husband an opportunity to review them and be properly examined.
Pinnock v. Pinnock, 2021 ONSC 4155
