What is examinations for discovery and what should I expect in Ontario?

Examinations for discovery (called "discoveries" in practice) are a pre-trial procedure in Ontario's civil courts where each party has the right to orally examine the other side under oath, before trial. A court reporter transcribes the entire examination. Discoveries are a key part of Ontario civil procedure under the Rules of Civil Procedure and typically happen after the pleadings are closed.

The purpose of discovery is to allow each party to understand the other side's case fully before trial, to prevent surprises, and to narrow the issues in dispute. You will be asked to answer questions about the facts of the case, the documents you rely on, and your position on key issues. Answers given at discovery are evidence and can be used at trial to challenge your credibility if you change your story.

Discoveries are private — they take place at a lawyer's office, not in open court. Before your examination, your lawyer will typically prepare you thoroughly so you understand how to answer accurately, concisely, and without volunteering information the other side did not ask for. Being prepared is essential.

Discoveries can be expensive and time-consuming in complex cases. In simpler matters or Small Claims Court proceedings (where formal discoveries do not apply in the same way), the pre-trial process is less extensive.