Here it cannot be said that [insurance adjuster] balked at his cross-examination or that the Plaintiff was in any manner frustrated in doing a meaningful cross-examination. No further evidence of any consequence could be gained from continuing to cross-examine [ the adjuster] given the purpose for which [the adjuster] testifies, i.e. a summary judgment application. I say that having read the 172 pages. There is no need to let the cross-examination equal the length of Gibbon's monumental work, The History of the Decline and Fall of the Roman Empire. It is time that the parties get on with the Defendants' application, subject only to the Defendant cross examining the Plaintiff if he wants to.
I am reminded of two lines from a song by a country pop singer, Kenny Rogers:
You've got to know when to hold them.
You've got to know when to fold them.
(The Gambler)
Each counsel can draw what they want from that.
Simmons v. Maier |
2001 CarswellAlta 15 |
Alberta Master