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Examinations for discovery in a personal injury case. Ottawa accident and injury lawyer provides some tips. Top Ottawa Injury Lawyers

Examinations for discovery is a process by which parties can have their legal counsel ask questions of opposing parties (and perhaps non parties) under oath before an official examiner in order to obtain answers to clarify the issues in the court action and avoid surprises at trial. There is no right to a trial by ambush in Canada and so the types of questions that may be asked is fairly broad. In 2010, the Rules of Civil Procedure which outlines a party’s right to discovery were amended. The scope of documentary and oral discovery changed. Previously, the scope of discovery was conducted based on being able to ask any questions “relating to any matter in issue” (note relating). Judges interpreted this part of the Rules as meaning being …

What is an examination for discovery ? My Ottawa injury lawyer tells me I need to be “examined”.

Examinations for discovery is a discovery process in which you and the other parties get to ask each other questions under oath in an examiner’s office so that you may learn more (discover) the facts of the case. This examination process is vital because it allows you and the other side to obtain the relevant facts and documents and obtain information needed to assess the strengths and weaknesses of your case and of the defence. In many cases, the examination process assists the parties to take a real hard look at the facts of the case and helps promote settlement. Obtaining all of the relevant information and documents will help avoid surprises at trial if the matter ever reaches trial. If your claim is not in the litigation …