Use of Examination for Discovery at Trial
 31.11 (1) At the trial of an action, a party may read into evidence as part of the party’s own case against an adverse party any part of the evidence given on the examination for discovery of, (a) the adverse party; or (b) a person examined for discovery on behalf or in place of, or in addition to the adverse party, unless the trial judge orders otherwise, if the evidence is otherwise admissible, whether the party or other person has already given evidence or not.  R.R.O. 1990, Reg. 194, r. 31.11 (1); O. Reg. 260/05, s. 8. Impeachment (2) The evidence given on an examination for discovery may be used for the purpose of impeaching the testimony of the deponent as a witness in the same manner as any previous inconsistent statement by that witness.  R.R.O. 1990, Reg. 194, r. 31.11 (2). Qualifying Answers (3) Where only part of the evidence given on an examination for discovery is read into or used in evidence, at the request of an adverse party the trial judge may direct the introduction of any other part of the evidence that qualifies or explains the part first introduced.  R.R.O. 1990, Reg. 194, r. 31.11 (3). Rebuttal (4) A party who reads into evidence as part of the party’s own case evidence given on an examination for discovery of an adverse party, or a person examined for discovery on behalf or in place of or in addition to an adverse party, may rebut that evidence by introducing any other admissible evidence.  R.R.O. 1990, Reg. 194, r. 31.11 (4). Party under Disability (5) The evidence given on the examination for discovery of a party under disability may be read into or used in evidence at the trial only with leave of the trial judge.  R.R.O. 1990, Reg. 194, r. 31.11 (5). Unavailability of Deponent (6) Where a person examined for discovery, (a) has died; (b) is unable to testify because of infirmity or illness; (c) for any other sufficient reason cannot be compelled to attend at the trial; or (d) refuses to take an oath or make an affirmation or to answer any proper question, any party may, with leave of the trial judge, read into evidence all or part of the evidence given on the examination for discovery as the evidence of the person examined, to the extent that it would be admissible if the person were testifying in court.  R.R.O. 1990, Reg. 194, r. 31.11 (6). (7) In deciding whether to grant leave under subrule (6), the trial judge shall consider, (a) the extent to which the person was cross-examined on the examination for discovery; (b) the importance of the evidence in the proceeding; (c) the general principle that evidence should be presented orally in court; and (d) any other relevant factor.  R.R.O. 1990, Reg. 194, r. 31.11 (7). Subsequent Action (8) Where an action has been discontinued or dismissed and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest, the evidence given on an examination for discovery taken in the former action may be read into or used in evidence at the trial of the subsequent action as if it had been taken in the subsequent action.  R.R.O. 1990, Reg. 194, r. 31.11 (8). RULE 32  INSPECTION OF PROPERTY