What is cross-examination and how does it work in an Ontario civil trial?

Cross-examination is the questioning of a witness by the opposing party's lawyer after that witness has given their evidence (examination-in-chief). In Ontario civil trials, cross-examination is a fundamental part of the adversarial process. Its purpose is to challenge the witness's credibility, highlight inconsistencies, or elicit evidence that supports the cross-examiner's case.

During cross-examination, lawyers are generally permitted to ask leading questions — questions that suggest the answer — which is not allowed during examination-in-chief. A good cross-examination can undermine a witness's reliability without calling them dishonest, by pointing out limited knowledge, faulty memory, or inconsistency with documents or prior statements.

The examining lawyer must "put their case" to each witness — that is, the lawyer should put to the witness the version of events that contradicts the witness's evidence, giving them a chance to respond. Failure to do this can mean that evidence is excluded at closing argument. Cross-examination is a skill that requires careful preparation, and preparation by your litigation lawyer well before trial is essential.