Oral Examination by more than one Party
 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.  R.R.O. 1990, Reg. 194, r. 31.05; O. Reg. 260/05, s. 6. Time Limit Not to Exceed Seven Hours 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.  O. Reg. 438/08, s. 29. Considerations for Leave (2) In determining whether leave should be granted under subrule (1), the court shall consider, (a) the amount of money in issue; (b) the complexity of the issues of fact or law; (c) the amount of time that ought reasonably to be required in the action for oral examinations; (d) the financial position of each party; (e) the conduct of any party, including a party’s unresponsiveness in any examinations for discovery held previously in the action, such as failure to answer questions on grounds other than privilege or the questions being obviously irrelevant, failure to provide complete answers to questions, or providing answers that are evasive, irrelevant, unresponsive or unduly lengthy; (f) a 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.  O. Reg. 438/08, s. 29. Scope of Examination General 31.06 (1) A person examined for discovery shall answer, to the best of his or her knowledge, information and belief, any proper question relevant to any matter in issue in the action or to any matter made discoverable by subrules (2) to (4) and no question may be objected to on the ground that, (a) the information sought is evidence; (b) the question constitutes cross-examination, unless the question is directed solely to the credibility of the witness; or (c) the question constitutes cross-examination on the affidavit of documents of the party being examined.  R.R.O. 1990, Reg. 194, r. 31.06 (1); O. Reg. 438/08, s. 30 (1). Identity of Persons Having Knowledge (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.  R.R.O. 1990, Reg. 194, r. 31.06 (2). Expert Opinions (3) A party may on an examination for discovery obtain disclosure of the findings, opinions and conclusions of an expert engaged by or on behalf of the party being examined that are relevant to a matter in issue in the action and of the expert’s name and address, but the party being examined need not disclose the information or the name and address of the expert where, (a) the findings, opinions and conclusions of the expert relevant to any matter in issue in the action were 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.  R.R.O. 1990, Reg. 194, r. 31.06 (3); O. Reg. 438/08, s. 30 (2); O. Reg. 453/09, s. 1. Insurance Policies (4) A party may on an examination for discovery obtain disclosure of, (a) the existence and contents of any insurance policy under which an insurer may be liable to satisfy all or part of a judgment in the action or to indemnify or reimburse a party for money paid in satisfaction of all or part of the judgment; and (b) the amount of money available under the policy, and any conditions affecting its availability.  R.R.O. 1990, Reg. 194, r. 31.06 (4). (5) No information concerning the insurance policy is admissible in evidence unless it is relevant to an issue in the action.  R.R.O. 1990, Reg. 194, r. 31.06 (5). Divided Discovery (6) Where information may become relevant only after the determination of an issue in the action and the disclosure of the information before the issue is determined would seriously prejudice a party, the court on the party’s motion may grant leave to withhold the information until after the issue has been determined.  R.R.O. 1990, Reg. 194, r. 31.06 (6). Failure to Answer on Discovery Failure to Answer Questions 31.07 (1) A party, or a person examined for discovery on behalf of or in place of a party, fails to answer a question if, (a) the party or other person refuses to answer the question, whether on the grounds of privilege or otherwise; (b) the party or other person indicates that the question will be considered or taken under advisement, but no answer is provided within 60 days after the response; or (c) the party or other person undertakes to answer the question, but no answer is provided within 60 days after the response.  O. Reg. 260/05, s. 7. Effect of Failure to Answer (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.  O. Reg. 260/05, s. 7. Additional Sanction (3) The sanction provided by subrule (2) is in addition to the sanctions provided by rule 34.15 (sanctions for default in examination).  O. Reg. 260/05, s. 7. Obligatory Status of Undertakings (4) For greater certainty, nothing in these rules relieves a party or other person who undertakes to answer a question from the obligation to honour the undertaking.  O. Reg. 260/05, s. 7.