What does 'discovery' mean in an Ontario civil lawsuit?
Discovery is the stage of civil litigation where each party gathers information from the other side about the facts and evidence in the case. In Ontario, discovery has two main parts: documentary discovery and oral discovery (called examinations for discovery).
Documentary discovery requires each party to produce a list of all relevant documents in their possession or control, both helpful and harmful to their case. The other side can then review those documents. Failing to produce relevant documents can have serious consequences, including being barred from using them at trial.
Oral discovery (examination for discovery) involves questioning the opposing party under oath before a court reporter. Answers given at discovery can be used at trial. Discovery is one of the most valuable tools in litigation — it lets each side understand the other's case, identify weaknesses, and make informed decisions about settlement. The scope of what must be disclosed is broad, and a litigation lawyer can help you understand your obligations and rights during this stage.
Key takeaways
- Discovery has two parts: document production and oral examination under oath.
- All relevant documents — even unhelpful ones — must generally be disclosed.
- Answers at examination for discovery can be used at trial.
- Discovery often reveals facts that lead parties to settle before going to court.