What are undertakings at an examination for discovery in Ontario?

Undertakings are promises made during an examination for discovery to provide information or documents that you do not have on hand at the time of questioning. For example, if you are asked for a specific record and cannot produce it immediately, your lawyer may give an undertaking to obtain and provide it after the examination.

Undertakings are binding. Failing to fulfill them can have serious consequences, including court sanctions, adverse findings at trial, or costs awards against you. After the examination, your lawyer will compile a list of all undertakings given and follow up to ensure they are answered within a reasonable time — typically before the next step in the litigation.

The opposing party can also bring a motion to compel you to fulfill outstanding undertakings if you do not respond. Courts take undertaking compliance seriously because it is fundamental to the discovery process. If you realize during discovery that you cannot answer a question accurately, it is better to give an undertaking than to guess — but be selective, as every undertaking means follow-up work.