What Happens at an Examination for Discovery?

For most people facing a lawsuit, the examination for discovery is the single moment they can least picture in advance — and the not-knowing is a real driver of the anxiety. It isn't a trial, there's no judge, and nothing gets decided that day. It's a structured, private, under-oath question-and-answer session, and in Ontario it's commonly bounded at 7 hours of questioning per party.

Here's what the room actually looks like, what you're required to do, and what happens to everything you say.

What is an examination for discovery, exactly?#

It's a pre-trial procedure, provided for in every province's rules of civil procedure, where each party can question the other — and sometimes specific non-parties — under oath, before the case ever reaches trial. The purpose is straightforward: each side learns the other's version of events, the strength of their evidence, and their position on the value of the claim, so fewer surprises happen at trial and more cases settle beforehand.

It happens outside a courtroom, commonly at a law office, a specialized examination facility, or increasingly by video. There's no judge in the room during the examination itself, no jury, and no public gallery. A court reporter is present the entire time, recording every question and answer verbatim.

Who is actually in the room?#

Typically four people, sometimes fewer with video attendance:

There is no judge to rule on a dispute in the moment. If a genuine disagreement arises over whether a question must be answered, the question is usually noted and can later be brought to the court by motion — the examination itself keeps moving rather than stopping to argue it out.

Does discovery only involve me answering questions?#

No — discovery generally runs in two stages, and oral questioning is only the second one. Documentary discovery comes first: each side has to disclose relevant documents in their possession, commonly through a sworn affidavit of documents, before the oral examination happens. That means the opposing lawyer questioning you has usually already read your medical records, your emails, or your own prior statements before you sit down.

Discovery also runs both directions. If you're the defendant, your lawyer gets to examine the plaintiff the same way — under oath, on the record, about the same categories of subject matter. It's a mutual exchange of information, not a one-sided interrogation of whoever happens to be defending the claim.

Does discovery happen in person or by video?#

Both, and video has become common. Many provinces' courts now routinely permit examinations for discovery by video conference, which can reduce cost and scheduling friction, particularly when parties, lawyers, or witnesses are in different cities. In-person examinations still happen, especially for complex cases or where credibility is expected to be a central issue at trial. Either format uses the same oath, the same court reporter, and the same transcript.

What will I actually be asked?#

Broadly, anything relevant to the claim: how the incident happened, your recollection of events, your background and history relevant to the claim, your injuries or losses (if you're the plaintiff), your income and work history, prior similar incidents or claims, and your understanding of the other side's allegations. In an injury claim, expect detailed questions about medical history, daily functioning, and how the incident has changed your life — the kind of granular, personal questioning that makes discovery feel invasive even when it's entirely routine procedure.

Do I have to answer everything?#

Generally, yes. Your lawyer can object to a question on the basis that it's irrelevant, seeks privileged information, or is otherwise improper — but the general rule in most provinces is that you still answer subject to the objection, and the question of whether you should have had to can be sorted out later if it matters. Outright refusing to answer a proper question isn't usually a strategy that holds; the other side can bring a motion asking a court to compel an answer, which adds delay and cost without changing the eventual outcome.

How long does this actually take?#

Shorter than most people fear, and there are real limits on it. In Ontario, oral discovery of a party is commonly capped at 7 hours in total, regardless of how many parties or other people are being examined, unless the parties agree to more time or a court grants it. Straightforward claims are often finished in well under that. Complex, high-value cases sometimes need additional time, which requires a specific motion rather than happening automatically.

Other provinces set their own limits, or leave the duration more to the discretion of the court and the complexity of the case — confirm the specific rule that applies in your province with your lawyer rather than assuming Ontario's number applies everywhere.

What happens to everything I say?#

It becomes part of the formal record of the case. The transcript can be read into evidence at trial for specific purposes, and — this is the part worth remembering going in — it can be used to challenge your credibility if your testimony at trial doesn't line up with what you said under oath at discovery months or years earlier. Consistency, not eloquence, is what actually matters in that room.

Discovery is also frequently followed by undertakings — commitments to provide additional documents or information you couldn't answer on the spot, which your lawyer helps track down afterward.

What if I don't show up, or refuse to participate?#

This is treated seriously by the court. A party who fails to attend a properly scheduled examination, or who refuses to answer questions a court has ordered answered, can be found in contempt, or can have their own pleadings struck — meaning they could effectively lose the ability to defend or pursue the claim at all. It isn't a step to skip or delay without a very good reason communicated through your lawyer.

Do I need to do this alone?#

No. If you're being examined as a defendant in a claim your liability insurer is covering, the lawyer your insurer appointed under its duty to defend typically meets with you in advance to walk through the process, the likely subject areas, and how to answer clearly and honestly without volunteering more than the question asks. They also attend the examination itself with you. See Duty to Defend, Explained for exactly what that obligation covers, and How Long Does a Liability Lawsuit Take in Canada? for where discovery sits inside the overall multi-year timeline of a serious claim.

The honest version of what to expect#

Most examinations are procedural, not adversarial theatre — the opposing lawyer is gathering information and testing your account, not trying to trap you in front of an audience, because there isn't one. The genuine stress is real: answering detailed personal questions under oath about the worst day of your life, for hours, is not a pleasant afternoon. But it is a known, bounded procedure with real limits on its length, real preparation available to you beforehand, and a lawyer in the room the entire time whose job includes protecting you from questions that go too far.