Ontario legal information · Ottawa and Eastern Ontario
The useful question is narrower than it first appears.
Documentary discovery requires relevant records to be identified and produced subject to privilege and proportionality.2
At examination, listen to the question, answer what is known and correct material mistakes.
Keep the legal route, insurance route and loss evidence distinct.
Responsibility or entitlement
Liability facts and defences are tested.
Insurance and benefits
Medical, employment and insurance records are examined.
Loss and next decision
Admissions and undertakings shape settlement or trial preparation.
Build the record from sources another person can check.
Affidavit of documents and productions.
Medical chronology and prior history.
Work, care and financial records.
Transcript, undertakings and refusals.
Protect the next deadline without forcing an early conclusion.
Complete core productions before examination where possible.3
Answer undertakings accurately and track procedural deadlines.
How a personal injury lawyer may use this information.
General information explains the framework. Legal advice should connect that framework to the event, the people and insurers involved, the available records and the deadlines in the individual claim.
- Prepare without scripting
- Protect legitimate privilege
- Manage undertakings
- Use discoveries to narrow issues
Not every file requires every step or legal representation. The work should respond to the actual dispute, evidence gap or decision that is approaching.
Sources and legal references
These official sources provide the legal and procedural foundation for this page. Their current wording and the facts of the claim control.
View 3 sources
- Ontario — Rules of Civil Procedure
Procedure for pleadings, discovery, experts, settlement approval and trial.
Back to footnote ↑ - Ontario — Courts of Justice Act
Ontario court jurisdiction and civil-justice framework.
Back to footnote ↑ - Ontario — Limitations Act, 2002
Ontario's basic limitation and discoverability framework.
Back to footnote ↑