Under cross-examination, Topham's lawyer, Barclay Johnson, challenged Rudner's standing as an expert witness. He argued Rudner was "biased" because he complained to Topham's website service provider as far back as 2007 about inappropriate, anti-Semitic articles. That complaint later formed part of a criminal complaint to RCMP.
"In 2007, you were paid by the Canadian Jewish Congress. Today you are paid by the Crown. As a paid witness, aren't you going to say exactly what is needed to prosecute Mr. Topham and Mr. Topham's website?" Johnson demanded.
At this point, Justice Bruce Butler intervened. "I don't understand," he said.
"That's okay," conceded Johnson. "I don't need to go there."
Johnson then challenged Rudner on his definition of anti-Semitism, arguing the Oxford Dictionary's definition did not use the word "hate."