Why Cross-Examination Matters

Many assume that hearings are solely about presenting evidence and arguments. However,

challenging the other side's claims is an equally important part of the process. Effective cross-

examination can uncover inconsistencies, contradictions, or a lack of credibility in the opposing

party's story, often tipping the scales in your favor.

By carefully questioning the other party, you can reveal flaws in their arguments without relying

heavily on your evidence. This is particularly valuable in cases where the evidence may not be

strong, but the opposing party's testimony can be shown to lack credibility.

How Cross-Examination Works

Landlords and tenants have the right to question the other side in a hearing. This means that a

landlord can cross-examine a tenant and vice versa. The goal is to ask targeted questions that

reveal the truth or expose inconsistencies in the other party's testimony. Admissions gained

through effective questioning can often be more persuasive than physical evidence.

For instance, in cases where a landlord claims to be evicting a tenant for family use, cross-

examination can probe the claim's legitimacy. Questions like the following can help reveal

whether the family member indeed plans to move in:

• What is the current status of the family member (e.g., employment, residency)?

• Have they given notice at their job or made concrete plans to relocate?

• Do they have the necessary legal status (e.g., visa, residency) to live in Canada?

• Is there any documentation to support their intention to move in?

A Case in Point

Consider a situation where a landlord serves an eviction notice claiming their son, who is

currently living in Los Angeles, plans to move into the rental property. Through cross-

examination, a tenant might ask:

• What is the son's immigration status in Canada?

• Has he applied for a visa or re-established Canadian residency?

• Has he resigned from his current job in Los Angeles, and if not, why?

• Is there any evidence, such as emails or formal plans, indicating his intention to move?

If the answers reveal that the son has no concrete plans, visa, or resignation from his job, the

eviction notice may lack credibility. By questioning the landlord’s intentions and evidence, the

tenant could successfully argue that the eviction is not legitimate, leading to the case being

dismissed.

Using Cross-Examination Effectively

Preparation is key to maximizing the power of cross-examination. Both landlords and tenants

should:

1. Understand the Opponent's Case: Review the evidence and statements provided by

   the opposing party. Identify areas that seem inconsistent or unsupported.

2. Prepare Targeted Questions: Frame questions that guide the opposing party to make

   admissions or reveal gaps in their story.

3. Focus on Intention and Credibility: In cases involving evictions or claims of family use,

   questioning the opposing party’s intentions can be decisive.

4. Remain Calm and Professional: Effective cross-examination is about strategy, not

   confrontation. Ask straightforward, concise questions and avoid being argumentative.

The Takeaway

Cross-examination is a powerful tool that can change the outcome of a tenancy dispute. By

questioning evidence and exposing inconsistencies, landlords and tenants can strengthen their

cases and achieve fair outcomes. Yet, as powerful as this tool is, many people are unaware of

its potential. Whether you're a landlord or a tenant, understanding and utilizing cross-

examination effectively could be the difference between winning and losing your case.