What is a discovery plan and do I need one for my Ontario lawsuit?

A discovery plan is an agreement between the parties that sets out how they will conduct document production and examinations for discovery in an efficient and proportionate way. In Ontario, parties in many civil cases are encouraged or required (depending on the type and stage of the proceeding) to agree on a discovery plan before discovery begins.

The plan typically addresses things like: the format in which electronic documents will be produced, search terms to be used for electronic records, the scope of discovery (which custodians and systems will be searched), and the timeline for completing each step. Having a plan in place avoids disputes later and keeps discovery proportionate to the stakes.

In large or complex cases, failing to agree on a discovery plan can result in costly disputes about scope and format. Courts can impose a discovery plan if parties cannot agree. For smaller or simpler cases, parties may proceed without a formal written plan. A litigation lawyer will assess what level of discovery is appropriate for your case and negotiate sensible parameters with the other side.