Examination for discovery is the out-of-court examination (questioning) under oath of the parties to an action (lawsuit). Every party to the dispute is entitled to examine every other adverse (opposing) party.
You serve the notice of examination on the debtor or other person to be examined at least 30 days before the hearing. If the debtor to be examined is an individual, you will also need to serve a blank Financial Information Form Form 20I. If the debtor is a business, no financial information form is required.
The mediation phase directly follows after discovery in a personal injury case. It allows an opportunity for both parties to reach an agreement and settle. The plaintiff and defendant will both agree on who should be the mediator before this process begins.
A discovery response is essentially a choice that you make after receiving a request for information. The question then becomes, Should you comply or not?
You typically have 30 days to respond to the request During the time you have to respond to discovery requests, you can still use mediation or work to negotiate a settlement with the other side.
Discovery is a process by which the parties gather and exchange information that is important to the case. What is the Purpose of Discovery? The purpose of discovery is to provide parties the opportunity to gather evidence relevant to proving or defending the case.
But the usual cases will settle after intensive (and expensive) discovery is concluded, usually a few months before the actual trial, sometimes literally on the steps of the court house or in the first few days of trial if parties are willing to push the settlement envelope as far as they can.
This Standard Document can be used to prepare a notice of examination for an examination for discovery, a cross-examination on an affidavit, or an examination in aid of execution in Ontario. It includes integrated drafting notes, important explanations, and drafting tips.
Discoveries are a part of the Ontario Superior Court process, as established by the Rules of Civil Procedure (the “Rules”) and assist with understanding the other parties' positions and evidence. Discoveries are a key step after pleadings have been delivered and before the trial can take place.