Examinations for Discovery have always been recognized as a vital component in the legal process of Bodily Injury cases in Ontario for several reasons, including:
- Fact-Finding: It allows both parties to gather detailed information and insight into the case; understand the circumstances surrounding the accident; and the nature and impact of injuries sustained, if any.
- Assessment of Credibility: It allows parties to assess the credibility of the Plaintiff’s and Defendant’s testimony which can significantly influence the outcome of the case.
- Trial Preparation: It helps lawyers identify strengths and weaknesses in their case, allowing for more effective trial preparation.
- Settlement Opportunities: Often, the information gathered during discovery can prompt meaningful settlement discussions leading to an early resolution, without the need for a trial.
- Tran: Everything said during the examination is recorded, creating a record that can be referred to during trial to support or challenge evidence.
Despite its advantages, in 2026 the Civil Rules Review Working Group (CRRWG) is looking to bring changes which include the elimination of Examinations for Discovery and replacing it with an early disclosure of all affidavits from all anticipated trial witnesses and documentation to be used at trial.
Among the proposed reforms, the elimination of discoveries is by far the most discussed and striking proposal for litigators.