In some provinces, the rules of practice provide that individuals who are not even parties can be ordered to submit to examination for discovery on issues relevant to a dispute in which they may have no direct interest.
As a result, the appellant was not required to give evidence at a civil trial; nor were her examination for discovery transcripts ever read into evidence.
06(3) A party may, on an examination for discovery, obtain disclosure of findings, opinions, and conclusions of an expert engaged by or on behalf of the party being examined that relate to a matter in issue in the action and of the expert's name and address, but the party being examined need not disclose the information or the name and address of the expert where,
Questions posed in an examination for discovery must be answered if the questions have a semblance of relevancy to the matters at issue, as defined in the pleadings.
It is to be given to him before examination for discovery or trial so that he may tailor his evidence to be consistent?
In the following skirmish at the examination for discovery, in an attempt to find an acceptable solution to the dispute, the defendant's solicitor allowed the plaintiff's solicitor to interview the other expert.
An interesting feature in this decision of the Court of Appeal (holding that the memorandum of the defendant's counsel need not be produced) is that it drew a distinction between the information that the party is entitled to get on an examination for discovery and the production of documents.
At the examination for discovery, he claimed the draft was protected on the basis of litigation privilege.
During the examination for discovery of the expert, he testified that he had notes critiquing a report prepared by the defendant's expert in his possession.
Since the general procedure often involves more complex tax issues, an exchange of documents and the examination for discovery
process, a lawyer should be retained to ensure all required documents are precisely drafted and that the rules of evidence and procedure are appropriately followed at discovery and trial.