jswizzle3737/ontario_laws_and_regs huggingface dataset:
Fourth and Subsequent Party Claims
 29.11 (1) A third party may, by commencing a fourth party claim, assert against any person not already a party to the third party claim any claim that is properly the subject matter of a third party claim, and rules 29.01 to 29.10 apply, with necessary modifications, to the fourth party claim.  R.R.O. 1990, Reg. 194, r. 29.11 (1). (2) A fourth party claim need not be served personally on a fourth party who is a party to the main action, unless the fourth party is a defendant in that action and has failed to deliver a notice of intent to defend or a statement of defence in the main action, in which case the fourth party shall be served personally or by an alternative to personal service under rule 16.03, whether or not the fourth party has been noted in default in the main action.  R.R.O. 1990, Reg. 194, r. 29.11 (2). (2.1) Despite subrule 29.02 (2), when a fourth party claim is served on a person who is already a party to the main action or to any counterclaim, crossclaim or third party claim in the main action, the pleadings previously delivered in the main action or in any counterclaim, crossclaim or third party claim in the main action need not be served.  O. Reg. 770/92, s. 9. (3) A fourth or subsequent party may assert any claim that is properly the subject matter of a third party claim in like manner as a third party claim.  R.R.O. 1990, Reg. 194, r. 29.11 (3).
Application to Fourth and Subsequent Party Claims
 29.12 The provisions of these rules that apply to third party claims apply, with necessary modifications, to fourth and subsequent party claims.  R.R.O. 1990, Reg. 194, r. 29.12.
Application to Counterclaims and Crossclaims
 29.13 Rules 29.01 to 29.12 apply, with necessary modifications, to the assertion of a third party claim by a defendant to a counterclaim or by a defendant to a crossclaim.  R.R.O. 1990, Reg. 194, r. 29.13.
File Number
 29.14 Third and subsequent party claims shall be given the same file number as the main action, followed by a suffix letter.  O. Reg. 438/08, s. 24. DISCOVERY RULE 29.1  DISCOVERY PLAN
DISCOVERY
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RULE 29.1 DISCOVERY PLAN
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Non-application of Rule
 29.1.01 This Rule does not apply to parties who are subject to a discovery plan established by the court under these rules.  O. Reg. 438/08, s. 25; O. Reg. 537/18, s. 5.
Definition
 29.1.02 In this Rule, “document” has the same meaning as in clause 30.01 (1) (a).  O. Reg. 438/08, s. 25. Discovery Plan Requirement for Plan 29.1.03 (1) Where a party to an action intends to obtain evidence under any of the following Rules, the parties to the action shall agree to a discovery plan in accordance with this rule: 1. Rule 30 (Discovery of Documents). 2. Rule 31 (Examination for Discovery). 3. Rule 32 (Inspection of Property). 4. Rule 33 (Medical Examination). 5. Rule 35 (Examination for Discovery by Written Questions).  O. Reg. 438/08, s. 25. Timing (2) The discovery plan shall be agreed to before the earlier of, (a) 60 days after the close of pleadings or such longer period as the parties may agree to; and (b) attempting to obtain the evidence.  O. Reg. 438/08, s. 25. Contents (3) The discovery plan shall be in writing, and shall include, (a) the intended scope of documentary discovery under rule 30.02, taking into account relevance, costs and the importance and complexity of the issues in the particular action; (b) dates for the service of each party’s affidavit of documents (Form 30A or 30B) under rule 30.03; (c) information respecting the timing, costs and manner of the production of documents by the parties and any other persons; (d) the names of persons intended to be produced for oral examination for discovery under Rule 31 and information respecting the timing and length of the examinations; and (e) any other information intended to result in the expeditious and cost-effective completion of the discovery process in a manner that is proportionate to the importance and complexity of the action.  O. Reg. 438/08, s. 25. Principles re Electronic Discovery (4) In preparing the discovery plan, the parties shall consult and have regard to the document titled “The Sedona Canada Principles Addressing Electronic Discovery” developed by and available from The Sedona Conference.  O. Reg. 438/08, s. 25.
Discovery Plan
 29.1.03 (1) Where a party to an action intends to obtain evidence under any of the following Rules, the parties to the action shall agree to a discovery plan in accordance with this rule: 1. Rule 30 (Discovery of Documents). 2. Rule 31 (Examination for Discovery). 3. Rule 32 (Inspection of Property). 4. Rule 33 (Medical Examination). 5. Rule 35 (Examination for Discovery by Written Questions).  O. Reg. 438/08, s. 25. Timing (2) The discovery plan shall be agreed to before the earlier of, (a) 60 days after the close of pleadings or such longer period as the parties may agree to; and (b) attempting to obtain the evidence.  O. Reg. 438/08, s. 25. Contents (3) The discovery plan shall be in writing, and shall include, (a) the intended scope of documentary discovery under rule 30.02, taking into account relevance, costs and the importance and complexity of the issues in the particular action; (b) dates for the service of each party’s affidavit of documents (Form 30A or 30B) under rule 30.03; (c) information respecting the timing, costs and manner of the production of documents by the parties and any other persons; (d) the names of persons intended to be produced for oral examination for discovery under Rule 31 and information respecting the timing and length of the examinations; and (e) any other information intended to result in the expeditious and cost-effective completion of the discovery process in a manner that is proportionate to the importance and complexity of the action.  O. Reg. 438/08, s. 25. Principles re Electronic Discovery (4) In preparing the discovery plan, the parties shall consult and have regard to the document titled “The Sedona Canada Principles Addressing Electronic Discovery” developed by and available from The Sedona Conference.  O. Reg. 438/08, s. 25.
Duty to Update Plan
 29.1.04 The parties shall ensure that the discovery plan is updated to reflect any changes in the information listed in subrule 29.1.03 (3).  O. Reg. 438/08, s. 25.
Failure to Agree to Plan
 29.1.05 (1) On any motion under Rules 30 to 35 relating to discovery, the court may refuse to grant any relief or to award any costs if the parties have failed to agree to or update a discovery plan in accordance with this Rule.  O. Reg. 438/08, s. 25. Court may Impose Discovery Plan (2) If the parties fail to agree to a discovery plan in accordance with this Rule, the court may order that examinations for discovery be conducted in accordance with a discovery plan established by the court, which may set a schedule for examinations and impose such limits on the right of discovery as are just. O. Reg. 537/18, s. 6. RULE 29.2  PROPORTIONALITY IN DISCOVERY
RULE 29.2 PROPORTIONALITY IN DISCOVERY
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Definition
 29.2.01 In this Rule, “document” has the same meaning as in clause 30.01 (1) (a).  O. Reg. 438/08, s. 25.
Application
 29.2.02 This Rule applies to any determination by the court under any of the following Rules as to whether a party or other person must answer a question or produce a document: 1. Rule 30 (Discovery of Documents). 2. Rule 31 (Examination for Discovery). 3. Rule 34 (Procedure on Oral Examinations). 4. Rule 35 (Examination for Discovery by Written Questions).  O. Reg. 438/08, s. 25. Considerations General 29.2.03 (1) In making a determination as to whether a party or other person must answer a question or produce a document, the court shall consider whether, (a) the time required for the party or other person to answer the question or produce the document would be unreasonable; (b) the expense associated with answering the question or producing the document would be unjustified; (c) requiring the party or other person to answer the question or produce the document would cause him or her undue prejudice; (d) requiring the party or other person to answer the question or produce the document would unduly interfere with the orderly progress of the action; and (e) the information or the document is readily available to the party requesting it from another source.  O. Reg. 438/08, s. 25. Overall Volume of Documents (2) In addition to the considerations listed in subrule (1), in determining whether to order a party or other person to produce one or more documents, the court shall consider whether such an order would result in an excessive volume of documents required to be produced by the party or other person.  O. Reg. 438/08, s. 25. RULE 30  DISCOVERY OF DOCUMENTS
Considerations
 29.2.03 (1) In making a determination as to whether a party or other person must answer a question or produce a document, the court shall consider whether, (a) the time required for the party or other person to answer the question or produce the document would be unreasonable; (b) the expense associated with answering the question or producing the document would be unjustified; (c) requiring the party or other person to answer the question or produce the document would cause him or her undue prejudice; (d) requiring the party or other person to answer the question or produce the document would unduly interfere with the orderly progress of the action; and (e) the information or the document is readily available to the party requesting it from another source.  O. Reg. 438/08, s. 25. Overall Volume of Documents (2) In addition to the considerations listed in subrule (1), in determining whether to order a party or other person to produce one or more documents, the court shall consider whether such an order would result in an excessive volume of documents required to be produced by the party or other person.  O. Reg. 438/08, s. 25. RULE 30  DISCOVERY OF DOCUMENTS
RULE 30 DISCOVERY OF DOCUMENTS
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Inspection of Documents
 30.04 (1) A party who serves on another party a request to inspect documents (Form 30C) is entitled to inspect any document that is not privileged and that is referred to in the other party’s affidavit of documents as being in that party’s possession, control or power.  R.R.O. 1990, Reg. 194, r. 30.04 (1). (2) A request to inspect documents may also be used to obtain the inspection of any document in another party’s possession, control or power that is referred to in the originating process, pleadings or an affidavit served by the other party.  R.R.O. 1990, Reg. 194, r. 30.04 (2). (3) A party on whom a request to inspect documents is served shall forthwith inform the party making the request of a date within five days after the service of the request to inspect documents and of a time between 9:30 a.m. and 4:30 p.m. when the documents may be inspected at the office of the lawyer of the party served, or at some other convenient place, and shall at the time and place named make the documents available for inspection.  R.R.O. 1990, Reg. 194, r. 30.04 (3); O. Reg. 575/07, s. 1. Documents to be Taken to Examination and Trial (4) Unless the parties agree otherwise, all documents listed in a party’s affidavit of documents that are not privileged and all documents previously produced for inspection by the party shall, without notice, summons or order, be produced at, (a) the examination for discovery of the party or of a person on behalf or in place of or in addition to the party; and (b) the trial of the action.  R.R.O. 1990, Reg. 194, r. 30.04 (4); O. Reg. 248/21, s. 4. Court may Order Production (5) The court may at any time order production for inspection of documents that are not privileged and that are in the possession, control or power of a party.  R.R.O. 1990, Reg. 194, r. 30.04 (5). Court may Inspect to Determine Claim of Privilege (6) Where privilege is claimed for a document, the court may inspect the document to determine the validity of the claim.  R.R.O. 1990, Reg. 194, r. 30.04 (6). Copying of Documents (7) Where a document is produced for inspection, the party inspecting the document is entitled to make a copy of it at the party’s own expense, if it can be reproduced, unless the person having possession or control of or power over the document agrees to make a copy, in which case the person shall be reimbursed for the cost of making the copy.  R.R.O. 1990, Reg. 194, r. 30.04 (7). Divided Disclosure or Production (8) Where a document may become relevant only after the determination of an issue in the action and disclosure or production for inspection of the document before the issue is determined would seriously prejudice a party, the court on the party’s motion may grant leave to withhold disclosure or production until after the issue has been determined.  R.R.O. 1990, Reg. 194, r. 30.04 (8).
Disclosure or Production not Admission of Relevance
 30.05 The disclosure or production of a document for inspection shall not be taken as an admission of its relevance or admissibility.  R.R.O. 1990, Reg. 194, r. 30.05.
Where Affidavit Incomplete or Privilege Improperly Claimed
 30.06 Where the court is satisfied by any evidence that a relevant document in a party’s possession, control or power may have been omitted from the party’s affidavit of documents, or that a claim of privilege may have been improperly made, the court may, (a) order cross-examination on the affidavit of documents; (b) order service of a further and better affidavit of documents; (c) order the disclosure or production for inspection of the document, or a part of the document, if it is not privileged; and (d) inspect the document for the purpose of determining its relevance or the validity of a claim of privilege.  R.R.O. 1990, Reg. 194, r. 30.06; O. Reg. 248/21, s. 5.
Documents or Errors Subsequently Discovered
 30.07 Where a party, after serving an affidavit of documents, (a) comes into possession or control of or obtains power over a document that relates to a matter in issue in the action and that is not privileged; or (b) discovers that the affidavit is inaccurate or incomplete, the party shall forthwith serve a supplementary affidavit specifying the extent to which the affidavit of documents requires modification and disclosing any additional documents.  R.R.O. 1990, Reg. 194, r. 30.07. Effect of Failure to Disclose or Produce for Inspection Failure to Disclose or Produce Document 30.08 (1) Where a party fails to disclose a document in an affidavit of documents or a supplementary affidavit, or fails to produce a document for inspection in compliance with these rules, an order of the court or an undertaking, (a) if the document is favourable to the party’s case, the party may not use the document at the trial, except with leave of the trial judge; or (b) if the document is not favourable to the party’s case, the court may make such order as is just.  R.R.O. 1990, Reg. 194, r. 30.08 (1); O. Reg. 504/00, s. 3. Failure to Serve Affidavit or Produce Document (2) Where a party fails to serve an affidavit of documents or produce a document for inspection in compliance with these rules or fails to comply with an order of the court under rules 30.02 to 30.11, the court may, (a) revoke or suspend the party’s right, if any, to initiate or continue an examination for discovery; (b) dismiss the action, if the party is a plaintiff, or strike out the statement of defence, if the party is a defendant; and (c) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 30.08 (2).
Effect of Failure to Disclose or Produce for Inspection
 30.08 (1) Where a party fails to disclose a document in an affidavit of documents or a supplementary affidavit, or fails to produce a document for inspection in compliance with these rules, an order of the court or an undertaking, (a) if the document is favourable to the party’s case, the party may not use the document at the trial, except with leave of the trial judge; or (b) if the document is not favourable to the party’s case, the court may make such order as is just.  R.R.O. 1990, Reg. 194, r. 30.08 (1); O. Reg. 504/00, s. 3. Failure to Serve Affidavit or Produce Document (2) Where a party fails to serve an affidavit of documents or produce a document for inspection in compliance with these rules or fails to comply with an order of the court under rules 30.02 to 30.11, the court may, (a) revoke or suspend the party’s right, if any, to initiate or continue an examination for discovery; (b) dismiss the action, if the party is a plaintiff, or strike out the statement of defence, if the party is a defendant; and (c) make such other order as is just.  R.R.O. 1990, Reg. 194, r. 30.08 (2).
Privileged Document not to be Used without Leave
 30.09 Where a party has claimed privilege in respect of a document and does not abandon the claim by giving notice in writing and providing a copy of the document or producing it for inspection at least 90 days before the commencement of the trial, the party may not use the document at the trial, except to impeach the testimony of a witness or with leave of the trial judge.  R.R.O. 1990, Reg. 194, r. 30.09; O. Reg. 19/03, s. 7. Production from Non-Parties with Leave Order for Inspection 30.10 (1) The court may, on motion by a party, order production for inspection of a document that is in the possession, control or power of a person not a party and is not privileged where the court is satisfied that, (a) the document is relevant to a material issue in the action; and (b) it would be unfair to require the moving party to proceed to trial without having discovery of the document.  R.R.O. 1990, Reg. 194, r. 30.10 (1). Notice of Motion (2) A motion for an order under subrule (1) shall be made on notice, (a) to every other party; and (b) to the person not a party, served personally or by an alternative to personal service under rule 16.03.  R.R.O. 1990, Reg. 194, r. 30.10 (2). Court may Inspect Document (3) Where privilege is claimed for a document referred to in subrule (1), or where the court is uncertain of the relevance of or necessity for discovery of the document, the court may inspect the document to determine the issue.  R.R.O. 1990, Reg. 194, r. 30.10 (3). Preparation of Certified Copy (4) The court may give directions respecting the preparation of a certified copy of a document referred to in subrule (1) and the certified copy may be used for all purposes in place of the original.  R.R.O. 1990, Reg. 194, r. 30.10 (4). Cost of Producing Document (5) The moving party is responsible for the reasonable cost incurred or to be incurred by the person not a party to produce a document referred to in subrule (1), unless the court orders otherwise.  O. Reg. 260/05, s. 5.
Production from Non-Parties with Leave
 30.10 (1) The court may, on motion by a party, order production for inspection of a document that is in the possession, control or power of a person not a party and is not privileged where the court is satisfied that, (a) the document is relevant to a material issue in the action; and (b) it would be unfair to require the moving party to proceed to trial without having discovery of the document.  R.R.O. 1990, Reg. 194, r. 30.10 (1). Notice of Motion (2) A motion for an order under subrule (1) shall be made on notice, (a) to every other party; and (b) to the person not a party, served personally or by an alternative to personal service under rule 16.03.  R.R.O. 1990, Reg. 194, r. 30.10 (2). Court may Inspect Document (3) Where privilege is claimed for a document referred to in subrule (1), or where the court is uncertain of the relevance of or necessity for discovery of the document, the court may inspect the document to determine the issue.  R.R.O. 1990, Reg. 194, r. 30.10 (3). Preparation of Certified Copy (4) The court may give directions respecting the preparation of a certified copy of a document referred to in subrule (1) and the certified copy may be used for all purposes in place of the original.  R.R.O. 1990, Reg. 194, r. 30.10 (4). Cost of Producing Document (5) The moving party is responsible for the reasonable cost incurred or to be incurred by the person not a party to produce a document referred to in subrule (1), unless the court orders otherwise.  O. Reg. 260/05, s. 5.
Document Deposited for Safe Keeping
 30.11 The court may order that a relevant document be deposited for safe keeping with the registrar and thereafter the document shall not be inspected by any person except with leave of the court.  R.R.O. 1990, Reg. 194, r. 30.11. RULE 30.1  DEEMED UNDERTAKING
RULE 30.1 DEEMED UNDERTAKING
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Application
 30.1.01 (1) This Rule applies to, (a) evidence obtained under, (i) Rule 30 (documentary discovery), (ii) Rule 31 (examination for discovery), (iii) Rule 32 (inspection of property), (iv) Rule 33 (medical examination), (v) Rule 35 (examination for discovery by written questions); and (b) information obtained from evidence referred to in clause (a).  O. Reg. 61/96, s. 2; O. Reg. 627/98, s. 3. (2) This Rule does not apply to evidence or information obtained otherwise than under the rules referred to in subrule (1).  O. Reg. 61/96, s. 2. Deemed Undertaking (3) All parties and their lawyers are deemed to undertake not to use evidence or information to which this Rule applies for any purposes other than those of the proceeding in which the evidence was obtained.  O. Reg. 61/96, s. 2; O. Reg. 575/07, s. 4. Exceptions (4) Subrule (3) does not prohibit a use to which the person who disclosed the evidence consents.  O. Reg. 61/96, s. 2. (5) Subrule (3) does not prohibit the use, for any purpose, of, (a) evidence that is filed with the court; (b) evidence that is given or referred to during a hearing; (c) information obtained from evidence referred to in clause (a) or (b).  O. Reg. 61/96, s. 2. (6) Subrule (3) does not prohibit the use of evidence obtained in one proceeding, or information obtained from such evidence, to impeach the testimony of a witness in another proceeding.  O. Reg. 61/96, s. 2. (7) Subrule (3) does not prohibit the use of evidence or information in accordance with subrule 31.11 (8) (subsequent action).  O. Reg. 61/96, s. 2. Order that Undertaking does not Apply (8) If satisfied that the interest of justice outweighs any prejudice that would result to a party who disclosed evidence, the court may order that subrule (3) does not apply to the evidence or to information obtained from it, and may impose such terms and give such directions as are just.  O. Reg. 61/96, s. 2; O. Reg. 263/03, s. 3. RULE 31  EXAMINATION FOR DISCOVERY
RULE 31 EXAMINATION FOR DISCOVERY
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Definition
 31.01 In rules 31.02 to 31.11,  “document” has the same meaning as in clause 30.01 (1) (a).  R.R.O. 1990, Reg. 194, r. 31.01.
When Examination may be Initiated
 31.04 (1) A party who seeks to examine a plaintiff for discovery may serve a notice of examination under rule 34.04 or written questions under rule 35.01 only after delivering a statement of defence and, unless the parties agree otherwise, serving an affidavit of documents.  R.R.O. 1990, Reg. 194, r. 31.04 (1). Examination of Defendant (2) A party who seeks to examine a defendant for discovery may serve a notice of examination under rule 34.04 or written questions under rule 35.01 only after, (a) the defendant has delivered a statement of defence and, unless the parties agree otherwise, the examining party has served an affidavit of documents; or (b) the defendant has been noted in default.  R.R.O. 1990, Reg. 194, r. 31.04 (2). Completion of Examination (3) The party who first serves on another party a notice of examination under rule 34.04 or written questions under rule 35.01 may examine first and may complete the examination before being examined by another party, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 31.04 (3).
Failure to Answer on Discovery
 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.
RULE 32 INSPECTION OF PROPERTY
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Order for Inspection
 32.01 (1) The court may make an order for the inspection of real or personal property where it appears to be necessary for the proper determination of an issue in a proceeding.  R.R.O. 1990, Reg. 194, r. 32.01 (1). (2) For the purpose of the inspection, the court may, (a) authorize entry on or into and the taking of temporary possession of any property in the possession of a party or of a person not a party; (b) permit the measuring, surveying or photographing of the property in question, or of any particular object or operation on the property; and (c) permit the taking of samples, the making of observations or the conducting of tests or experiments.  R.R.O. 1990, Reg. 194, r. 32.01 (2). (3) The order shall specify the time, place and manner of the inspection and may impose such other terms, including the payment of compensation, as are just.  R.R.O. 1990, Reg. 194, r. 32.01 (3). (4) No order for inspection shall be made without notice to the person in possession of the property unless, (a) service of notice, or the delay necessary to serve notice, might entail serious consequences to the moving party; or (b) the court dispenses with service of notice for any other sufficient reason.  R.R.O. 1990, Reg. 194, r. 32.01 (4). RULE 33  MEDICAL EXAMINATION OF PARTIES
RULE 33 MEDICAL EXAMINATION OF PARTIES
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Motion for Medical Examination
 33.01 A motion by an adverse party for an order under section 105 of the Courts of Justice Act for the physical or mental examination of a party whose physical or mental condition is in question in a proceeding shall be made on notice to every other party.  R.R.O. 1990, Reg. 194, r. 33.01. Order for Examination Contents of Order 33.02 (1) An order under section 105 of the Courts of Justice Act
may specify the time, place and purpose of the examination and shall name the health practitioner or practitioners by whom it is to be conducted.  R.R.O. 1990, Reg. 194, r. 33.02 (1). Further Examinations (2) The court may order a second examination or further examinations on such terms respecting costs and other matters as are just.  R.R.O. 1990, Reg. 194, r. 33.02 (2).
Order for Examination
 33.02 (1) An order under section 105 of the Courts of Justice Act
may specify the time, place and purpose of the examination and shall name the health practitioner or practitioners by whom it is to be conducted.  R.R.O. 1990, Reg. 194, r. 33.02 (1). Further Examinations (2) The court may order a second examination or further examinations on such terms respecting costs and other matters as are just.  R.R.O. 1990, Reg. 194, r. 33.02 (2).
Dispute as to Scope of Examination
 33.03 The court may on motion determine any dispute relating to the scope of an examination.  R.R.O. 1990, Reg. 194, r. 33.03. Provision of Information to Party Obtaining Order Interpretation 33.04 (1) Subrule 30.01 (1) (meaning of “document”, “power”) applies to subrule (2).  R.R.O. 1990, Reg. 194, r. 33.04 (1). Party to be Examined must Provide Information (2) The party to be examined shall, unless the court orders otherwise, provide to the party obtaining the order, at least seven days before the examination, a copy of, (a) any report made by a health practitioner who has treated or examined the party to be examined in respect of the mental or physical condition in question, other than a practitioner whose report was made in preparation for contemplated or pending litigation and for no other purpose, and whom the party to be examined undertakes not to call as a witness at the hearing; and (b) any hospital record or other medical document relating to the mental or physical condition in question that is in the possession, control or power of the party other than a document made in preparation for contemplated or pending litigation and for no other purpose, and in respect of which the party to be examined undertakes not to call evidence at the hearing.  R.R.O. 1990, Reg. 194, r. 33.04 (2).
Provision of Information to Party Obtaining Order
 33.04 (1) Subrule 30.01 (1) (meaning of “document”, “power”) applies to subrule (2).  R.R.O. 1990, Reg. 194, r. 33.04 (1). Party to be Examined must Provide Information (2) The party to be examined shall, unless the court orders otherwise, provide to the party obtaining the order, at least seven days before the examination, a copy of, (a) any report made by a health practitioner who has treated or examined the party to be examined in respect of the mental or physical condition in question, other than a practitioner whose report was made in preparation for contemplated or pending litigation and for no other purpose, and whom the party to be examined undertakes not to call as a witness at the hearing; and (b) any hospital record or other medical document relating to the mental or physical condition in question that is in the possession, control or power of the party other than a document made in preparation for contemplated or pending litigation and for no other purpose, and in respect of which the party to be examined undertakes not to call evidence at the hearing.  R.R.O. 1990, Reg. 194, r. 33.04 (2).
Who may Attend On Examination
 33.05 No person other than the person being examined, the examining health practitioner and such assistants as the practitioner requires for the purpose of the examination shall be present at the examination, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 33.05. Medical Reports Preparation of Report 33.06 (1) After conducting an examination, the examining health practitioner shall prepare a written report setting out his or her observations, the results of any tests made and his or her conclusions, diagnosis and prognosis and shall forthwith provide the report to the party who obtained the order.  R.R.O. 1990, Reg. 194, r. 33.06 (1). Service of Report (2) The party who obtained the order shall forthwith serve the report on every other party.  R.R.O. 1990, Reg. 194, r. 33.06 (2).
Medical Reports
 33.06 (1) After conducting an examination, the examining health practitioner shall prepare a written report setting out his or her observations, the results of any tests made and his or her conclusions, diagnosis and prognosis and shall forthwith provide the report to the party who obtained the order.  R.R.O. 1990, Reg. 194, r. 33.06 (1). Service of Report (2) The party who obtained the order shall forthwith serve the report on every other party.  R.R.O. 1990, Reg. 194, r. 33.06 (2).
Penalty for Failure to Comply
 33.07 A party who fails to comply with section 105 of the Courts of Justice Act or an order made under that section or with rule 33.04 is liable, if a plaintiff or applicant, to have the proceeding dismissed or, if a defendant or respondent, to have the statement of defence or affidavit in response to the application struck out.  R.R.O. 1990, Reg. 194, r. 33.07.
Examination by Consent
 33.08 Rules 33.01 to 33.07 apply to a physical or mental examination conducted on the consent in writing of the parties, except to the extent that they are waived by the consent.  R.R.O. 1990, Reg. 194, r. 33.08. EXAMINATIONS OUT OF COURT RULE 34  PROCEDURE ON ORAL EXAMINATIONS
EXAMINATIONS OUT OF COURT
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RULE 34 PROCEDURE ON ORAL EXAMINATIONS
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Application of the Rule
 34.01 Rules 34.02 to 34.19 apply to, (a) an oral examination for discovery under Rule 31; (b) the taking of evidence before trial under rule 36.01, subject to rule 36.02; (c) a cross-examination on an affidavit for use on a motion or application under rule 39.02; (d) the examination out of court of a witness before the hearing of a pending motion or application under rule 39.03; and (e) an examination in aid of execution under rule 60.18.  R.R.O. 1990, Reg. 194, r. 34.01.
Before Whom to be Held
 34.02 (1) An oral examination to be held in Ontario shall be held at a time and place set out in the notice of examination or summons to a witness, before a person assigned by, (a) an official examiner; (b) a reporting service agreed on by the parties; or (c) a reporting service named by the examining party.  O. Reg. 171/98, s. 8. (2) A person who objects to being examined at the time or place set out in the notice of examination or before a person assigned under subrule (1) may make a motion to show that the time, place or person is unsuitable for the proper conduct of the examination.  O. Reg. 171/98, s. 8. (3) If a motion under subrule (2) is dismissed, the court shall fix the responding party’s costs on a substantial indemnity basis and order the moving party to pay them forthwith, unless the court is satisfied that the making of the motion, although unsuccessful, was nevertheless reasonable.  O. Reg. 171/98, s. 8; O. Reg. 284/01, s. 8.
How Attendance Required
 34.04 (1) Where the person to be examined is a party to the proceeding, a notice of examination (Form 34A) shall be served, (a) on the party’s lawyer of record; or (b) where the party acts in person, on the party, personally or by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (1); O. Reg. 739/94, s. 2 (1); O. Reg. 575/07, s. 20 (1). Person Examined on Behalf or in Place of Party (2) Where a person is to be examined for discovery or in aid of execution on behalf or in place of a party, a notice of examination shall be served, (a) on the party’s lawyer of record; or (b) on the person to be examined, personally and not by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (2); O. Reg. 575/07, s. 20 (2). Deponent of Affidavit (3) Where a person is to be cross-examined on an affidavit, a notice of examination shall be served, (a) on the lawyer for the party who filed the affidavit; or (b) where the party who filed the affidavit acts in person, on the person to be cross-examined, personally and not by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (3); O. Reg. 739/94, s. 2 (2); O. Reg. 575/07, s. 1. Others (4) Where the person to be examined, (a) is neither a party nor a person referred to in subrule (2) or (3); and (b) resides in Ontario, the person shall be served with a summons to witness (Form 34B), personally and not by an alternative to personal service.  R.R.O. 1990, Reg. 194, r. 34.04 (4). Attendance Money (5) When a summons to witness is served on a witness, attendance money calculated in accordance with Tariff A shall be paid or tendered to the witness at the same time.  R.R.O. 1990, Reg. 194, r. 34.04 (5). Summons may be Issued in Blank (6) On the request of a party or a lawyer and on payment of the prescribed fee, a registrar shall sign, seal and issue a blank summons to witness and the party or lawyer may complete the summons and insert the names of any number of witnesses.  R.R.O. 1990, Reg. 194, r. 34.04 (6); O. Reg. 575/07, s. 1. Person Outside Ontario (7) Rule 53.05 (summons to a witness outside Ontario) applies to the securing of the attendance for examination of a person outside Ontario and the attendance money paid or tendered to the person shall be calculated in accordance with the Interprovincial Summonses Act.  R.R.O. 1990, Reg. 194, r. 34.04 (7). Person in Custody (8) Rule 53.06 (compelling attendance of witness in custody) applies to the securing of the attendance for examination of a person in custody.  R.R.O. 1990, Reg. 194, r. 34.04 (8). 34.04.1 Revoked:  O. Reg. 171/98, s. 9. Notice of Time and Place Person to be Examined 34.05 (1) Where the person to be examined resides in Ontario, he or she shall be given not less than two days notice of the time and place of the examination, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 34.05 (1). Every Other Party (2) Every party to the proceeding other than the examining party shall be given not less than two days notice of the time and place of the examination.  R.R.O. 1990, Reg. 194, r. 34.05 (2).
Notice of Time and Place
 34.05 (1) Where the person to be examined resides in Ontario, he or she shall be given not less than two days notice of the time and place of the examination, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 34.05 (1). Every Other Party (2) Every party to the proceeding other than the examining party shall be given not less than two days notice of the time and place of the examination.  R.R.O. 1990, Reg. 194, r. 34.05 (2).
Examinations on Consent
 34.06 A person to be examined and all the parties may consent to the time and place of the examination and, (a) to the minimum notice period and the form of notice; or (b) to dispense with notice.  R.R.O. 1990, Reg. 194, r. 34.06. Where Person to be Examined Resides outside Ontario Contents of Order for Examination 34.07 (1) Where the person to be examined resides outside Ontario, the court may determine, (a) whether the examination is to take place in or outside Ontario; (b) the time and place of the examination; (c) the minimum notice period; (d) the person before whom the examination is to be conducted; (e) the amount of attendance money to be paid to the person to be examined; and (f) any other matter respecting the holding of the examination.  R.R.O. 1990, Reg. 194, r. 34.07 (1). Commission and Letter of Request (2) Where the person is to be examined outside Ontario, the order under subrule (1) shall be in Form 34E and shall, if the moving party requests it, provide for the issuing of, (a) a commission (Form 34C) authorizing the taking of evidence before a named commissioner; and (b) a letter of request (Form 34D) directed to the judicial authorities of the jurisdiction in which the person is to be found, requesting the issuing of such process as is necessary to compel the person to attend and be examined before the commissioner.  R.R.O. 1990, Reg. 194, r. 34.07 (2). (3) The commission and letter of request shall be prepared and issued by the registrar.  R.R.O. 1990, Reg. 194, r. 34.07 (3). Attendance Money (4) Where the person to be examined resides outside Ontario and is not a party or a person to be examined on behalf or in place of a party, the examining party shall pay or tender to the person to be examined the amount of attendance money fixed by the order under subrule (1).  R.R.O. 1990, Reg. 194, r. 34.07 (4). Duties of Commissioner (5) A commissioner shall, to the extent that it is possible to do so, conduct the examination in the form of oral questions and answers in accordance with these rules, the law of evidence of Ontario and the terms of the commission, unless some other form of examination is required by the order or the law of the place where the examination is conducted.  R.R.O. 1990, Reg. 194, r. 34.07 (5). (6) As soon as the transcript of the examination is prepared, the commissioner shall, (a) return the commission, together with the original transcript and exhibits, to the registrar who issued it; (b) keep a copy of the transcript and, where practicable, the exhibits; and (c) notify the parties who appeared at the examination that the transcript is complete and has been returned to the registrar who issued the commission.  R.R.O. 1990, Reg. 194, r. 34.07 (6). Examining Party to Serve Transcript (7) The registrar shall send the transcript to the lawyer for the examining party and the lawyer shall forthwith serve every other party with the transcript free of charge.  R.R.O. 1990, Reg. 194, r. 34.07 (7); O. Reg. 575/07, s. 1.
Where Person to be Examined Resides outside Ontario
 34.07 (1) Where the person to be examined resides outside Ontario, the court may determine, (a) whether the examination is to take place in or outside Ontario; (b) the time and place of the examination; (c) the minimum notice period; (d) the person before whom the examination is to be conducted; (e) the amount of attendance money to be paid to the person to be examined; and (f) any other matter respecting the holding of the examination.  R.R.O. 1990, Reg. 194, r. 34.07 (1). Commission and Letter of Request (2) Where the person is to be examined outside Ontario, the order under subrule (1) shall be in Form 34E and shall, if the moving party requests it, provide for the issuing of, (a) a commission (Form 34C) authorizing the taking of evidence before a named commissioner; and (b) a letter of request (Form 34D) directed to the judicial authorities of the jurisdiction in which the person is to be found, requesting the issuing of such process as is necessary to compel the person to attend and be examined before the commissioner.  R.R.O. 1990, Reg. 194, r. 34.07 (2). (3) The commission and letter of request shall be prepared and issued by the registrar.  R.R.O. 1990, Reg. 194, r. 34.07 (3). Attendance Money (4) Where the person to be examined resides outside Ontario and is not a party or a person to be examined on behalf or in place of a party, the examining party shall pay or tender to the person to be examined the amount of attendance money fixed by the order under subrule (1).  R.R.O. 1990, Reg. 194, r. 34.07 (4). Duties of Commissioner (5) A commissioner shall, to the extent that it is possible to do so, conduct the examination in the form of oral questions and answers in accordance with these rules, the law of evidence of Ontario and the terms of the commission, unless some other form of examination is required by the order or the law of the place where the examination is conducted.  R.R.O. 1990, Reg. 194, r. 34.07 (5). (6) As soon as the transcript of the examination is prepared, the commissioner shall, (a) return the commission, together with the original transcript and exhibits, to the registrar who issued it; (b) keep a copy of the transcript and, where practicable, the exhibits; and (c) notify the parties who appeared at the examination that the transcript is complete and has been returned to the registrar who issued the commission.  R.R.O. 1990, Reg. 194, r. 34.07 (6). Examining Party to Serve Transcript (7) The registrar shall send the transcript to the lawyer for the examining party and the lawyer shall forthwith serve every other party with the transcript free of charge.  R.R.O. 1990, Reg. 194, r. 34.07 (7); O. Reg. 575/07, s. 1.
Person to be Examined to be Sworn
 34.08 (1) Before being examined, the person to be examined shall take an oath or make an affirmation and, where the examination is conducted in Ontario, the oath or affirmation shall be administered by an official examiner or by a person authorized to administer oaths in Ontario.  R.R.O. 1990, Reg. 194, r. 34.08 (1). (2) Where the examination is conducted outside Ontario, the oath or affirmation may be administered by the person before whom the examination is conducted, a person authorized to administer oaths in Ontario or a person authorized to take affidavits or administer oaths or affirmations in the jurisdiction where the examination is conducted.  R.R.O. 1990, Reg. 194, r. 34.08 (2).
Production of Documents on Examination
 34.10 (1) Subrule 30.01 (1) (meaning of “document”, “power”) applies to subrules (2), (3) and (4).  R.R.O. 1990, Reg. 194, r. 34.10 (1). Person to be Examined Must Produce Required Documents and Things (2) The person to be examined shall produce for inspection at the examination, (a) on an examination for discovery, all documents in his or her possession, control or power that are not privileged and that subrule 30.04 (4) requires the person to produce; and (b) on any examination, including an examination for discovery, all documents and things in his or her possession, control or power that are not privileged and that the notice of examination or summons to witness requires the person to produce. O. Reg. 248/21, s. 6 (1). Notice or Summons May Require Documents and Things (3) Unless the court orders otherwise, the notice of examination or summons to witness may require the person to be examined to produce for inspection at the examination, (a) all documents and things relevant to any matter in issue in the proceeding that are in his or her possession, control or power and are not privileged; or (b) such documents or things described in clause (a) as are specified in the notice or summons.  R.R.O. 1990, Reg. 194, r. 34.10 (3); O. Reg. 438/08, s. 31; O. Reg. 248/21, s. 6 (2). Duty to Produce Other Documents (4) Where a person admits, on an examination, that he or she has possession or control of or power over any other document that is relevant to a matter in issue in the proceeding and is not privileged, the person shall produce it for inspection by the examining party forthwith, if the person has the document at the examination, and if not, within two days thereafter, unless the court orders otherwise.  R.R.O. 1990, Reg. 194, r. 34.10 (4); O. Reg. 453/09, s. 2. Re-examination On Examination for Discovery 34.11 (1) A person being examined for discovery may be re-examined by his or her own lawyer and by any party adverse in interest to the examining party.  R.R.O. 1990, Reg. 194, r. 34.11 (1); O. Reg. 575/07, s. 3. On Cross-Examination on Affidavit or Examination in Aid of Execution (2) A person being cross-examined on an affidavit or examined in aid of execution may be re-examined by his or her own lawyer.  R.R.O. 1990, Reg. 194, r. 34.11 (2); O. Reg. 575/07, s. 3. Timing and Form (3) The re-examination shall take place immediately after the examination or cross-examination and shall not take the form of a cross-examination.  R.R.O. 1990, Reg. 194, r. 34.11 (3). On Examination for Motion or Application (4) Re-examination of a witness examined, (a) before the hearing of a motion or application, is governed by subrule 39.03 (2); and (b) at the hearing of a motion or application, is governed by subrule 39.03 (4).  R.R.O. 1990, Reg. 194, r. 34.11 (4). On Examination Before Trial (5) Re-examination of a witness examined before trial under Rule 36 is governed by subrule 36.02 (2).  R.R.O. 1990, Reg. 194, r. 34.11 (5).
Re-examination
 34.11 (1) A person being examined for discovery may be re-examined by his or her own lawyer and by any party adverse in interest to the examining party.  R.R.O. 1990, Reg. 194, r. 34.11 (1); O. Reg. 575/07, s. 3. On Cross-Examination on Affidavit or Examination in Aid of Execution (2) A person being cross-examined on an affidavit or examined in aid of execution may be re-examined by his or her own lawyer.  R.R.O. 1990, Reg. 194, r. 34.11 (2); O. Reg. 575/07, s. 3. Timing and Form (3) The re-examination shall take place immediately after the examination or cross-examination and shall not take the form of a cross-examination.  R.R.O. 1990, Reg. 194, r. 34.11 (3). On Examination for Motion or Application (4) Re-examination of a witness examined, (a) before the hearing of a motion or application, is governed by subrule 39.03 (2); and (b) at the hearing of a motion or application, is governed by subrule 39.03 (4).  R.R.O. 1990, Reg. 194, r. 34.11 (4). On Examination Before Trial (5) Re-examination of a witness examined before trial under Rule 36 is governed by subrule 36.02 (2).  R.R.O. 1990, Reg. 194, r. 34.11 (5).