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Litigation

What is a motion to compel and how can I force someone to answer a discovery question in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

During discovery in an Ontario lawsuit, a party can be examined under oath and asked relevant questions about the case, but the other side sometimes refuses to answer, claiming a question is irrelevant, privileged, or otherwise improper. A motion to compel asks a judge to review those refusals and order proper answers where the objection wasn't justified. Before bringing the motion, the normal step is to try to resolve the disagreement directly — through correspondence, or a case conference where one is available — since courts generally expect parties to narrow their disputes before asking a judge to referee every refusal.

On the motion, the judge looks at each disputed question and decides whether it's relevant to an issue in the lawsuit and not protected by privilege or another valid objection. If the motion succeeds, the other party is ordered to attend a further examination, or answer in writing, and can face a costs award for having refused improperly. Because these motions can become expensive if every minor disagreement is escalated, it's usually worth focusing on the questions that genuinely matter to the case rather than every possible refusal, and documenting the refusal clearly on the record before moving.

Key takeaways

  • A motion to compel asks a judge to order proper answers to discovery questions that were improperly refused.
  • Try to resolve refusals directly first; courts expect disputes to be narrowed before a motion.
  • The judge decides relevance and privilege question by question, not as a blanket ruling.
  • Refusing to answer without good reason can result in a costs award against the refusing party.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone litigation lawyer can help.
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