Ottawa Injury and Accident Lawyers - EXAMINATION FOR DISCOVERY
In Ontario, all parties adverse in interest in any law suit (called an action) has the right to examine the other parties in what is called examination for discovery.
The process starts with the parties exchanging affidavit of documents which lists all documents they have that are relevant to the issues in the action. Then, the parties exchange the documents. Then, the parties exchange notices of examination which sets the date, time and location of the examination. At the examination, which is usually completed at an official examiner's office ( held in a boardroom ), each party is given the opportunity to ask questions of the opposing parties. The person being examined gives their evidence ( testimony ) under oath, which is recorded by the official examiner, which can then bow transcribed for the
The questions asked must answered if they are relevant to any issue in the case. Many of the evidentiary objections available at trial are not available on discovery. Your lawyer attends the examination with you and can object to any improper questions.
Essentially, the examination process allows the parties to obtain all relevant information early in the process so that there are no surprises at trial. The examination process provides the parties and their lawyers to assess credibility, gain admissions, clarify factual and legal issues and assess the strengths and weaknesses of the case and defences.
Your lawyer will usually meet with you in advance if examination in order to prepare for the process and provide you with points such as, always tell the truth, read all your documents and those of the opposing parties prior to examination, be courteous, stay calm, answer the questions asked only, speak clearly and slowly, etc..
Often, an experienced personal injury lawyer can make the difference between a successful or devastating examination for discovery. At Quinn Thiele Mineault Grodzki, Ottawa Injury Lawyers, we have experienced accident and injury lawyers who can guide you through every step of a personal injury case. Call us for a free consultation and assessment of your case. Marc Quinn, Ottawa injury lawyer and mediator. 613-315-4878. Visit me at www.ottawapersonalinjurylawyernetwork.com.
