What is an undertaking in Ontario examinations for discovery?

In Ontario examinations for discovery, an undertaking is a promise made during the examination to provide specific information, documents, or answers at a later date. When a question cannot be answered from memory during the examination — perhaps because a document needs to be retrieved or a third party needs to be consulted — the examining lawyer may accept an undertaking instead of demanding an immediate answer.

Undertakings are recorded on the transcript of the examination. After the examination, the party who gave the undertakings must fulfill them by the agreed date. The answers to undertakings are provided in writing and form part of the discovery record. They can be used at trial in the same way as oral answers given during the examination itself.

Failing to fulfill undertakings is a serious breach that can result in a court motion to compel answers, costs awards, and potentially more severe consequences. If a party disputes that a proper undertaking was given — for example, arguing the question was improper — that dispute can be brought to the court on a motion. After discoveries are complete, both sides should review the undertakings list to ensure all outstanding items are properly answered before the action proceeds to the next stage. Working with your lawyer to track and answer undertakings promptly is an important part of managing Ontario litigation effectively.