If you have been injured in an accident in Ottawa or Eastern Ontario, you may be involved in a personal injury claim or lawsuit seeking compensation.
One stage of the Ontario personal injury legal process that many plaintiffs find unfamiliar is the discovery process.
The discovery process is a key phase in Ontario civil litigation and personal injury lawsuits where both parties exchange evidence and information before a case proceeds to trial. Understanding how discovery works—and how to prepare for it—can help reduce stress and ensure your personal injury claim moves forward effectively.
In this guide, we explain what plaintiffs in Ottawa and Eastern Ontario need to know about the discovery process in an Ontario personal injury claim.
What is the Discovery Process in an Ontario Personal Injury Lawsuit?
The discovery process allows both parties in a lawsuit to gather and exchange relevant evidence about the accident and injuries occurred before the trial. The purpose is to prevent surprises and allow each side to assess the strengths and weaknesses of the claim.
In Ontario personal injury cases, discovery typically involves:
- Document Discovery (exchange of relevant documents)
- Examinations for Discovery (oral questioning under oath)
This stage usually occurs after a lawsuit has been started but before mediation or trial.
Document Discovery: Providing Evidence About Your Injuries
The first part of discovery requires each party to produce documents that are relevant to the issues in the case. This includes things like photographs, accident reports, and medical records.
Your Ontario personal injury lawyer will help you collect and organize these materials before providing them to the defence.
Examination for Discovery: Answering Questions Under Oath in an Ontario Personal Injury Case
The next stage is called an examination for discovery. This is a formal interview conducted under oath where the defence lawyer asks questions about your accident, your injuries and impact they have had on your life.
The process can take place in-person, but since COVID-19, it’s more commonly done virtually in Ontario.
Your personal injury lawyer will attend the examination for discovery and can object to inappropriate or irrelevant questions.
Common Questions Plaintiffs Are Asked During Examinations for Discovery
During discovery, the defence lawyer may ask questions about:
- How the accident occurred
- Your medical history before the incident
- The injuries you sustained
- Your medical treatment and recovery
- Your employment history and income
- How your injuries affect daily activities and overall quality of life
The goal of the examination is to gather detailed information about the accident, injuries and damages related to the claim and assess the credibility of the evidence.
Is the Examination for Discovery Like the Depositions I’ve seen on TV?
Anyone who has watched the show Suits is familiar with the dramatic American deposition. The good news for plaintiffs in Eastern Ontario is that their examination for discovery will look nothing like it does on Suits.
A skilled examining lawyer will often be quite kind and charming. Lawyers do this to build a rapport with the witness, so they speak more freely.
Objections and refusals are typically kept to a minimum. Your lawyer is unlikely to bang on the table, start yelling in a bombastic show of defiance or walk out. Poor behaviour during discoveries will attract sanction from the Court.
How Plaintiffs Should Prepare for an Examination for Discovery
Proper preparation can make the discovery process in an Ontario personal injury lawsuit much less intimidating.
Before your examination for discovery, your lawyer will meet with you to review the facts if your accident, injuries and claim and discuss the topics that might be canvassed at your discovery.
Helpful preparation tips include:
Review the facts of the accident carefully
Make sure you understand the timeline and key details.
Answer honestly and clearly
Accuracy is more important than trying to give perfect answers.
Do not guess or speculate
If you do not remember something, it is acceptable to say so.
Take your time before answering
Listening carefully to each question can help prevent misunderstandings.
Can a Personal Injury Case Settle After the Discovery Process?
Yes. In fact, many Ontario personal injury cases settle after the discovery process.
Once both sides have reviewed the evidence and testimony, the parties may proceed to:
- Mediation
- Settlement negotiations
- Pre-trial conferences
Discovery often helps clarify the issues and encourages settlement without the need for a trial.
Speak With an Ottawa Personal Injury Lawyer About The Discovery Process
The discovery process is an important step in pursuing compensation after a serious accident. While being questioned under oath can feel intimidating, proper preparation and experienced legal guidance can help ensure the process runs smoothly.
If you have been injured in a motor vehicle accident, slip and fall, or another negligence-related incident in Ottawa or Eastern Ontario, consulting with an experienced personal injury lawyer can help you understand your legal rights and the steps involved in your claim.
