What happens at an examination for discovery in an Ontario lawsuit?

An examination for discovery is a formal questioning session where a party (or in some cases their representative) is examined under oath by the opposing party's lawyer before the trial. A court reporter records everything that is said. There is no judge present.

The purpose is to learn about the other side's evidence, pin down their position on the facts, and identify any admissions that can be used at trial. The questions asked can cover virtually anything relevant to the issues in the case. You are obliged to answer honestly, and if you give a different answer at trial, the discovery transcript can be used to impeach your credibility.

Before the examination, you should review your own documents carefully and discuss likely questions with your lawyer. You also have the right to object to improper questions and to seek advice during breaks. Undertakings — promises to provide information you don't have at hand — are often given at discovery and must be fulfilled afterward. Proper preparation is key to doing well at discovery.