In the United States, they call them depositions. In Ontario, they are referred to as Examinations for Discovery, or Discoveries, or Discovery. Examinations for Discovery take place under oath. That means that the deponent has to swear, or affirm, that they will tell the truth (not lie!). They are an…
One of my young personal injury lawyers and I had a chat following an Examination for Discovery. He was quite surprised by the tone which the lawyers for the insurance company took with our client. The lawyers were mean, nasty, rude, snarky and did not give our client the benefit…
During the Pandemic many lawyers and insurers have been very helpful, kind and considerate given the global health crisis we are all dealing with. At the same time, some lawyers and insurers have been the exact opposite. As lawyers we have an obligation (or a duty) to be part of…
My 3 year old son has a song he sings in nursery which hits home for practicing personal injury law in the age of COVID. It goes a little something like this: ZOOM ZOOM ZOOM We’re going to the moon ZOOM ZOOM ZOOM We’re going to the moon If you…
Your personal injury lawyer may have shared the term “Examination for Discovery” with you when describing the next step in your case. This may be the first time you’ve heard this legal term. Understanding what it means to participate in an Examination for Discovery, and why a discovery is important…
What is an Examination for Discovery? Examinations for Discovery are normal. They occur in nearly every civil action (personal injury, or not), in Ontario. This is an opportunity for your personal injury lawyer to ask the Defendant at fault driver, or insurance adjuster a series of questions which are answered…
One of the most important, exhausting and difficult part of any car accident or personal injury case prior to trial is the Examination for Discovery process. An examination for discovery in Canada, is akin to a deposition in the United States. The reason I make the comparison is because with…
One of the greatest weapons which an insurer has in their arsenal of defence strategies is surveillance. For those of you who don’t know, surveillance is when an investigator follows an accident victim and films, records them, or takes photos of them when they’re out and about in public. For…