Legal Blog

Discovery – Refusals

Lemesani v. Lowerys Inc. 2016 Ont SCJ

A party does not have an absolute right of discovery after refusals or undertakings. Further, the questions to be asked at the continued discovery are limited: See Rule 29.2 03. Similarly, a party does not have an unfettered right to bring a motion to compel answers to refusals. In this case, the defendant waited over a year (and 3 months before trial) to bring its motion for continued discovery and refusals. The judge refused the request because the cost of re-attendances and the strong potential for a delay to the trial outweighed any possible benefit to the defendant.

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.