Examination for Discovery in Ontario Personal Injury: What to Expect and How to Prepare

What Is an Examination for Discovery?

An examination for discovery (EFD) is a pre-trial examination conducted under oath, governed by Rules 30–35 of Ontario’s Rules of Civil Procedure. Defence counsel questions the plaintiff to explore the facts underlying every issue in the action. Transcripts are created, witnesses are bound by their answers, and significant inconsistencies between discovery evidence and trial testimony can devastate credibility.

The Scope of Questioning

Discovery questioning is extraordinarily broad — far broader than evidence admissible at trial. Defence counsel will ask about: the complete accident circumstances; your entire medical history going years prior; every healthcare provider seen; employment history and income; recreational activities before and after the accident; personal relationships; prior accidents and insurance claims; and your entire social media history.

Preparation Is Everything

Your lawyer will conduct a detailed preparation meeting before your discovery. You will review all produced documents, refresh your memory of key dates and sequences, and practise answering precisely without volunteering information. The cardinal rules: answer the question asked; if you don’t know, say so; if you need clarification, ask for it; never guess.

Undertakings, Refusals, and Follow-Up

During discovery you may be asked to provide documents not immediately available — these are undertakings that must be fulfilled in writing. Your lawyer may instruct you to refuse certain improper questions; those refusals are logged and later argued before a motions judge if contested. Discoveries do not end the process — undertakings must be discharged before the matter is discovery-complete.