What happens at an examination for discovery in Ontario?

An examination for discovery is a pre-trial oral questioning session where a party in an Ontario lawsuit must answer questions under oath about the facts in dispute. The other side's lawyer asks questions, and the answers are recorded by a court reporter. Discoveries are not held in court — they typically take place at a lawyer's office or by video conference.

The scope of questioning at discovery is broad. The opposing lawyer can ask about the facts underlying the claim, the documents produced in the affidavit of documents, the witnesses each side intends to call, and any other matter relevant to any issue in the action. Parties must answer questions truthfully and completely. If a question cannot be answered immediately, the party may be required to "undertake" to provide the answer or a document at a later date.

Discovery answers can be read in evidence at trial if the party later takes a contradictory position. This makes preparation important — parties should review their documents and refresh their memory about the facts before appearing. A lawyer should always attend with their client at discovery. If a question is improper or seeks privileged information, the lawyer can advise the client to refuse to answer. Refusals are noted on the record and can be the subject of a subsequent motion to compel.