Rules of Civil Procedure of Ontario
Popularity (by total correct streak): 0
Popularity (by number of users): 7
| RULE 29.1.03(1) | Where a party to an action intends to obtain evidence under any of the following Rules, the parties to the action shall agree to a discovery plan in accordance with this rule: Rule 30, Rule 31 3, Rule 32 4, Rule 33 5, Rule 35. | |
| RULE 29.1.03(2) | The discovery plan shall be agreed to before the earlier of, (a) 60 days after the close of pleadings or such longer period as the parties may agree to; and (b) attempting to obtain the evidence. | |
| RULE 29.1.03(3) | Discover plan includes (a) intended scope of documentary discovery; (b) dates for the service of each party’s affidavit of documents; (c) info respecting the timing, costs and manner of the production of documents and persons; (d) names of persons intended to be produced for examination for discovery and timing and length; and (e) any other info intended to result in expeditious and cost-effective completion of discovery in manner proportionate to importance and complexity of the action. | |
| RULE 29.1.03(4) | In preparing the discovery plan, the parties shall consult and have regard to the document titled “The Sedona Canada Principles Addressing Electronic Discovery” developed by and available from The Sedona Conference. | |
| RULE 29.1.04 | The parties shall ensure that the discovery plan is updated to reflect any changes in the information listed in subrule 29.1.03 (3). | |
| RULE 29.1.05 | On any motion under Rules 30 to 35 relating to discovery, the court may refuse to grant any relief or to award any costs if the parties have failed to agree to or update a discovery plan in accordance with this Rule. | |
| RULE 29.2.02 | This Rule applies to any determination by the court under any of the following Rules as to whether a party or other person must answer a question or produce a document: 1. Rule 30 (Discovery of Documents). 2. Rule 31 (Examination for Discovery). 3. Rule 34 (Procedure on Oral Examinations). 4. Rule 35 (Examination for Discovery by Written Questions). | |
| RULE 29.2.03(1) | In deciding whether party must produce document or answer question, court consider whether, (a) time required to do so would be unreasonable; (b) expense with would be unjustified; (c) would cause undue prejudice; (d) would unduly interfere with the orderly progress of the action; and (e) readily available from another source. | |
| RULE 29.2.03(2) | In addition to the considerations listed in subrule (1), in determining whether to order a party or other person to produce one or more documents, the court shall consider whether such an order would result in an excessive volume of documents required to be produced by the party or other person. | |
| RULE 30.01(1) | In rules 30.02 to 30.11, (a) “document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account, and data and information in electronic form; and (b) a document shall be deemed to be in a party’s power if that party is entitled to obtain the original document or a copy of it and the party seeking it is not so entitled. | |
| RULE 30.02(1) | Every document relevant to any matter in issue in an action that is or has been in the possession, control or power of a party to the action shall be disclosed as provided in rules 30.03 to 30.10, whether or not privilege is claimed in respect of the document. | |
| RULE 30.02(2) | Every document relating to any matter in issue in an action that is in the possession, control or power of a party to the action shall be produced for inspection if requested, as provided in rules 30.03 to 30.10, unless privilege is claimed in respect of the document. | |
| RULE 30.02(4) | The court may order a party to disclose all relevant documents in the possession, control or power of the party’s subsidiary or affiliated corporation or of a corporation controlled directly or indirectly by the party and to produce for inspection all such documents that are not privileged. | |
| RULE 30.03(1) | A party to an action shall serve on every other party an affidavit of documents (Form 30A or 30B) disclosing to the full extent of the party’s knowledge, information and belief all documents relevant to any matter in issue in the action that are or have been in the party’s possession, control or power. | |
| RULE 30.03(2) | Affidavit of documents list and describe all relevant documents, (a) in the party’s possession, control or power and doesn’t object to producing; (b) in the party’s possession, control or power and for which the party claims privilege, and the grounds for the claim; and (c) formerly in the party’s possession, control or power, but no longer, whether or not privilege is claimed, with statement of when and how the party lost possession/control/power and present location. | |
| RULE 30.03(3) | The affidavit shall also contain a statement that the party has never had in the party’s possession, control or power any document relevant to any matter in issue in the action other than those listed in the affidavit. | |
| RULE 30.03(4) | Where the party is represented by a lawyer, the lawyer shall certify on the affidavit that he or she has explained to the deponent, (a) the necessity of making full disclosure of all documents relevant to any matter in issue in the action; and (b) what kinds of documents are likely to be relevant to the allegations made in the pleadings. | |
| RULE 30.03(5) | An affidavit of documents shall not be filed unless it is relevant to an issue on a pending motion or at trial. | |
| RULE 30.04(1) | A party who serves on another party a request to inspect documents (Form 30C) is entitled to inspect any document that is not privileged and that is referred to in the other party’s affidavit of documents as being in that party’s possession, control or power. | |
| RULE 30.04(2) | A request to inspect documents may also be used to obtain the inspection of any document in another party’s possession, control or power that is referred to in the originating process, pleadings or an affidavit served by the other party. | |
| RULE 30.04(3) | A party on whom a request to inspect documents is served shall forthwith inform the party making the request of a date within five days after the service of the request to inspect documents and of a time between 9:30 a.m. and 4:30 p.m. when the documents may be inspected at the office of the lawyer of the party served, or at some other convenient place, and shall at the time and place named make the documents available for inspection. | |
| RULE 30.04(5) | The court may at any time order production for inspection of documents that are not privileged and that are in the possession, control or power of a party. | |
| RULE 30.04(6) | Where privilege is claimed for a document, the court may inspect the document to determine the validity of the claim. | |
| RULE 30.04(7) | Where a document is produced for inspection, the party inspecting the document is entitled to make a copy of it at the party’s own expense, if it can be reproduced, unless the person having possession or control of or power over the document agrees to make a copy, in which case the person shall be reimbursed for the cost of making the copy. | |
| RULE 30.05 | The disclosure or production of a document for inspection shall not be taken as an admission of its relevance or admissibility. | |
| RULE 30.06 | Where court satisfied that relevant document in a party’s possession, control or power may have been omitted from affidavit of documents, or a claim of privilege improperly made, court may, (a) order cross-examination on affidavit of docs; (b) order service of a further and better affidavit of docs; (c) order disclosure or production for inspection of the doc, or a part of the document, if not privileged; and (d) inspect the doc to determine relevance or validity of claim of privilege. | |
| RULE 30.07 | Where a party, after serving an affidavit of documents, (a) comes into possession or control of or obtains power over a document that relates to a matter in issue in the action and that is not privileged; or (b) discovers that the affidavit is inaccurate or incomplete, the party shall forthwith serve a supplementary affidavit specifying the extent to which the affidavit of documents requires modification and disclosing any additional documents. | |
| RULE 30.08(1) | Where a party fails to disclose a document in an affidavit of documents or a supplementary affidavit, or fails to produce a document for inspection in compliance with these rules, an order of the court or an undertaking, (a) if the document is favourable to the party’s case, the party may not use the document at the trial, except with leave of the trial judge; or (b) if the document is not favourable to the party’s case, the court may make such order as is just. | |
| RULE 30.08(2) | Where a party fails to serve an affidavit of documents or produce a document for inspection in compliance with these rules or fails to comply with an order of the court under rules 30.02 to 30.11, the court may, (a) revoke or suspend the party’s right, if any, to initiate or continue an examination for discovery; (b) dismiss the action, if the party is a plaintiff, or strike out the statement of defence, if the party is a defendant; and (c) make such other order as is just. | |
| RULE 30.09 | Where a party has claimed privilege in respect of a document and does not abandon the claim by giving notice in writing and providing a copy of the document or producing it for inspection at least 90 days before the commencement of the trial, the party may not use the document at the trial, except to impeach the testimony of a witness or with leave of the trial judge. | |
| RULE 30.10(1) | The court may, on motion by a party, order production for inspection of a document that is in the possession, control or power of a person not a party and is not privileged where the court is satisfied that, (a) the document is relevant to a material issue in the action; and (b) it would be unfair to require the moving party to proceed to trial without having discovery of the document. | |
| RULE 30.10(2) | A motion for an order under subrule (1) shall be made on notice, (a) to every other party; and (b) to the person not a party, served personally or by an alternative to personal service under rule 16.03. | |
| RULE 30.10(3) | Where privilege is claimed for a document referred to in subrule (1), or where the court is uncertain of the relevance of or necessity for discovery of the document, the court may inspect the document to determine the issue. | |
| RULE 30.11 | The court may order that a relevant document be deposited for safe keeping with the registrar and thereafter the document shall not be inspected by any person except with leave of the court. | |
| RULE 31.02(1) | Subject to subrule (2), an examination for discovery may take the form of an oral examination or, at the option of the examining party, an examination by written questions and answers, but the examining party is not entitled to subject a person to both forms of examination except with leave of the court. | |
| RULE 31.02(2) | Where more than one party is entitled to examine a person, the examination for discovery shall take the form of an oral examination, unless all the parties entitled to examine the person agree otherwise. | |
| RULE 31.03(1) | A party to an action may examine for discovery any other party adverse in interest, once, and may examine that party more than once only with leave of the court, but a party may examine more than one person as permitted by subrules (2) to (8). | |
| RULE 31.03(9) | Where a party is entitled to examine for discovery, (a) more than one person under this rule; or (b) multiple parties who are in the same interest, but the court is satisfied that multiple examinations would be oppressive, vexatious or unnecessary, the court may impose such limits on the right of discovery as are just. | |
| RULE 31.05 | Unless the court orders or the parties agree otherwise, where more than one party is entitled to examine a party or other person for discovery without leave, there shall be only one oral examination, which may be initiated by any party adverse to the party, (a) who is to be examined; or (b) on behalf or in place of whom, or in addition to whom, a person is to be examined. | |
| RULE 31.05.1(1) | No party shall, in conducting oral examinations for discovery, exceed a total of seven hours of examination, regardless of the number of parties or other persons to be examined, except with the consent of the parties or with leave of the court. | |
| RULE 31.05.1(2) | In granting leave to examine longer, court consider, (a) $ in issue; (b) complexity of issues of fact or law; (c) amount time reasonably required for oral examinations; (d) financial position of each party; (e) conduct of parties, including unresponsiveness in any examinations for discovery previous; (f) party’s denial or refusal to admit anything that should have been admitted; and (g) any other reason that should be considered in the interest of justice. | |
| RULE 31.06(1) | Person examined for discovery answer, to best of knowledge, info and belief, any proper question relevant or to any matter made discoverable by subrules (2) to (4) and no question may be objected to on the ground that, (a) information sought is E; (b) question constitutes cross-examination, unless question directed solely to credibility of witness; or (c) question constitutes cross-examination on affidavit of documents. | |
| RULE 31.06(2) | A party may on an examination for discovery obtain disclosure of the names and addresses of persons who might reasonably be expected to have knowledge of transactions or occurrences in issue in the action, unless the court orders otherwise. | |
| RULE 31.06(3) | On examination for discovery party entitled to findings, opinions and conclusions of expert and of expert’s name and address—unless (a) findings, opinions and conclusions of expert relevant to any matter in issue in the action made or formed in preparation for contemplated or pending litigation and for no other purpose; and (b) the party being examined undertakes not to call the expert as a witness at the trial. | |
| RULE 31.07(1) | On examination for discovery, a party fails to answer a question where, (a) refuses to answer, whether on the grounds of privilege or otherwise; (b) question taken under advisement but no answer provided within 60 days; or (c) the party or other person undertakes to answer the question, but no answer is provided within 60 days after the response. | |
| RULE 31.07(2) | If a party, or a person examined for discovery on behalf of or in place of a party, fails to answer a question as described in subrule (1), the party may not introduce at the trial the information that was not provided, except with leave of the trial judge. | |
| RULE 31.08 | Questions on an oral examination for discovery shall be answered by the person being examined but, where there is no objection, the question may be answered by his or her lawyer and the answer shall be deemed to be the answer of the person being examined unless, before the conclusion of the examination, the person repudiates, contradicts or qualifies the answer. | |
| RULE 31.09(1) | Where a party has been examined for discovery or a person has been examined for discovery on behalf or in place of, or in addition to the party, and the party subsequently discovers that the answer to a question on the examination, (a) was incorrect or incomplete when made; or (b) is no longer correct and complete, the party shall forthwith provide the information in writing to every other party. | |
| RULE 31.09(2) | Where a party provides information in writing under subrule (1), (a) the writing may be treated at a hearing as if it formed part of the original examination of the person examined; and (b) any adverse party may require that the information be verified by affidavit of the party or be the subject of further examination for discovery. | |
| RULE 31.09(3) | Where a party has failed to comply with subrule (1) or a requirement under clause (2)(b), and the information subsequently discovered is, (a) favourable to the party’s case, the party may not introduce the information at the trial, except with leave of the trial judge; or (b) not favourable to the party’s case, the court may make such order as is just. | |
| RULE 31.10(1) | The court may grant leave, on such terms respecting costs and other matters as are just, to examine for discovery any person who there is reason to believe has information relevant to a material issue in the action, other than an expert engaged by or on behalf of a party in preparation for contemplated or pending litigation. | |
| RULE 31.10(2) | Order for exam for discovery of a non-party not made unless (a) moving party unable to obtain information from other persons entitled to examine for discovery, or from person party seeks to examine; (b) it would be unfair to require moving party to proceed to trial without having the opportunity of examining the person; and (c) the exam will not, (i) unduly delay commencement of trial, (ii) entail unreasonable expense for other parties, or (iii) result in unfairness to the non-party. |
Quisition is a browser-based flashcard system that repeats old cards and introduces new ones at optimal time intervals. You can create your own card packs or use those developed by others.
