The discovery process in civil litigation in Canada is a pre-trial procedure in which the parties to a claim identify information that is relevant to the case and produce or present that information to the opposing side. The purpose of discovery is to enable the parties to learn more about the case and to prepare for trial.
Discovery can be conducted in a variety of ways, including:
Production of documents: The parties are required to produce all documents that are relevant to the case, regardless of whether they are favorable or unfavorable to their position.
Examinations for discovery: The parties are subject to being examined under oath by the opposing party about matters that are relevant to the case.
Medical examinations: In personal injury cases, the parties may be required to submit to medical examinations by independent doctors.
Expert assessments: The parties may also be required to obtain expert assessments on matters that are relevant to the case.
The discovery process is governed by the rules of court in each province or territory. The rules of court set out the specific steps that must be taken in order to conduct discovery.
Discovery can be a complex and time-consuming process. However, it is an important part of the civil litigation process. By conducting discovery, the parties are able to learn more about the case and to prepare for trial. This can help to ensure that the trial is fair and that the parties have a full opportunity to present their evidence.
Here are some additional things to keep in mind about the discovery process in Canada:
- The discovery process is designed to be fair to both parties. Both parties have a right to obtain information from the other party that is relevant to the case.
- The discovery process is not a fishing expedition. The parties cannot ask for information that is not relevant to the case.
- The parties can object to requests for information if they believe that the information is not relevant to the case or if it is privileged.
- The court can order the parties to produce information or to answer questions if they refuse to do so voluntarily.
If you are involved in a civil lawsuit in Canada, it is important to understand the discovery process. A lawyer can help you navigate the discovery process and protect your rights.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.