Caution and disclaimer: The following article is provided solely for educational purposes. This is not legal advice. Readers must seek independent legal advice from a properly licensed practitioner.
Once both sides have had a chance tell their stories, the parties will have to disclose all documents relevant to the case to the other side. This is called “discovery“.
Many people are under the impression that it is best to keep things secret and surprise the other side at trial, as in some movies. Unfortunately, this is not true in Ontario.
The parties are required to give all evidence available to the other side, whether good and bad. If you do not disclose the documents, you will not be allowed to use them at trial. When it comes to evidence damaging to your case, you are nonetheless required to disclose it. If you are caught withholding evidence, the court may award costs against you, or even set the ruling aside. Thus, it is important to disclose everything you have so both sides can have an opportunity to evaluate the case fairly.
After the discovery, you can ask the other party questions about the documents they have just disclosed. This is called “examination“. You can ask the questions in writing or in person. The examinations are done out of court, but they are conducted under oath. A court reporter will also be present.
