Form of Examination
 31.02 (1) Subject to subrule (2), an examination for discovery may take the form of an oral examination or, at the option of the examining party, an examination by written questions and answers, but the examining party is not entitled to subject a person to both forms of examination except with leave of the court.  R.R.O. 1990, Reg. 194, r. 31.02 (1). (2) Where more than one party is entitled to examine a person, the examination for discovery shall take the form of an oral examination, unless all the parties entitled to examine the person agree otherwise.  R.R.O. 1990, Reg. 194, r. 31.02 (2). Who may Examine and be Examined Generally 31.03 (1) A party to an action may examine for discovery any other party adverse in interest, once, and may examine that party more than once only with leave of the court, but a party may examine more than one person as permitted by subrules (2) to (8).  R.R.O. 1990, Reg. 194, r. 31.03 (1); O. Reg. 438/08, s. 28 (1). On Behalf of Corporation (2) Where a corporation may be examined for discovery, (a) the examining party may examine any officer, director or employee on behalf of the corporation, but the court on motion of the corporation before the examination may order the examining party to examine another officer, director or employee; and (b) the examining party may examine more than one officer, director or employee only with the consent of the parties or the leave of the court.  O. Reg. 132/04, s. 7. On Behalf of Partnership or Sole Proprietorship (3) Where an action is brought by or against a partnership or a sole proprietorship using the firm name, (a) each person who was, or is alleged to have been, a partner or the sole proprietor, as the case may be, at a material time, may be examined on behalf of the partnership or sole proprietorship; and (b) the examining party may examine one or more employees of the partnership or sole proprietorship only with the consent of the parties or the leave of the court.  O. Reg. 132/04, s. 7. Requirements for Leave (4) Before making an order under clause (2) (b) or (3) (b), the court shall satisfy itself that, (a) satisfactory answers respecting all of the issues raised cannot be obtained from only one person without undue expense and inconvenience; and (b) examination of more than one person would likely expedite the conduct of the action.  O. Reg. 438/08, s. 28 (2). In Place of Person under Disability (5) Where an action is brought by or against a party under disability, (a) the litigation guardian may be examined in place of the person under disability; or (b) at the option of the examining party, the person under disability may be examined if he or she is competent to give evidence, but where the litigation guardian is the Children’s Lawyer or the Public Guardian and Trustee, the litigation guardian may be examined only with leave of the court.  R.R.O. 1990, Reg. 194, r. 31.03 (5); O. Reg. 69/95, ss. 18-20. Assignee (6) Where an action is brought by or against an assignee, the assignor may be examined in addition to the assignee.  R.R.O. 1990, Reg. 194, r. 31.03 (6). Trustee in Bankruptcy (7) Where an action is brought by or against a trustee of the estate of a bankrupt, the bankrupt may be examined in addition to the trustee.  R.R.O. 1990, Reg. 194, r. 31.03 (7). Nominal Party (8) Where an action is brought or defended for the immediate benefit of a person who is not a party, the person may be examined in addition to the party bringing or defending the action.  R.R.O. 1990, Reg. 194, r. 31.03 (8). Limiting Multiple Examinations (9) Where a party is entitled to examine for discovery, (a) more than one person under this rule; or (b) multiple parties who are in the same interest, but the court is satisfied that multiple examinations would be oppressive, vexatious or unnecessary, the court may impose such limits on the right of discovery as are just.  R.R.O. 1990, Reg. 194, r. 31.03 (9). When Examination may be Initiated Examination of Plaintiff 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).