Can I get documents or question someone who is not a party to my Ontario lawsuit?
Yes, in some circumstances Ontario civil procedure allows you to obtain records or question individuals who are not parties to the lawsuit. This is sometimes called third-party or non-party discovery.
For documents, you can serve a subpoena to witness (summons) that requires a non-party to attend and bring specific documents to court. In some cases, you can also obtain a court order requiring a non-party to produce documents before trial, though the threshold for this is higher than for party production.
For oral questioning, you can summon a non-party to be examined as a witness at trial. Before trial, examining a non-party on discovery requires a court order, which the court will grant only where the evidence is material and cannot reasonably be obtained through other means.
Non-party discovery can be important in cases where key evidence or witnesses are outside the litigation — for example, employees of a company that is not a defendant, or a financial institution with relevant records. There are additional procedural requirements and cost considerations, so early planning with your litigation lawyer is essential.
Key takeaways
- You can summon non-parties to produce documents or testify at trial.
- Examining non-parties before trial requires a court order.
- The threshold is higher than for party discovery; the evidence must be material and not otherwise available.
- Non-party discovery requires careful planning — start early.