R. v. Frost, 2012 ONCA 807 applies Browne v Dunn (1893) 6 R. 67 - the rule in Browne v Dunn says a cross examiner cannot rely on evidence that is contradictory to the testimony of the witness without putting the evidence to the witness in order to allow them to attempt to justify the contradiction. The Court holds:
 The trial judge ultimately determined, at para. 29 of his reasons, that "the failure of counsel for the accused to cross-examine [A.P.] on certain matters testified to by Mr. Frost does effect, to some extent, the credibility of the evidence given by Mr. Frost."