Auger & Hollingsworth

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  • Ottawa Lawyer | Restrictions on Discovery in an Ontario Accident Case

    When Examination for Discovery in an Accident Case Becomes Ridiculous

    OTTAWA PERSONAL INJURY LAWYER – Starting next year there will be greater restrictions in Ontario on the amount of time that is spent examining parties to a law suit for discovery. Examination for discovery is the part of a law suit where the people involved are asked questions under oath about the accident and, if they are a person claiming damages, the nature of the claims.

    Not everyone is happy to see the discovery time reduced, but I am. I cannot stand watching my client angst over questions like: “Did you see the specialist before or after your elbow pain increased?”. Or “How many times in the year before the accident had you seen your family doctor”. What a flippin’ waste of time and money…

    Sure, medical appointments before and after the accident are relevant. But, in Ontario there is a master print out of all medical services provided to an Ontario resident, a description of those services and the dates of those medical services. Plus, the defence lawyer either already has or will get copies of all the medical records.

    A defence lawyer has no reason to ask those questions except to try to catch the plaintiff in a “lie”. What person on a jury is going to conclude that the plaintiff is a liar because he or she cannot remember the number or order of medical appointments the plaintiff attended 3 or 4 years earlier? My view is: none.

    It is my sincere hope that this type of mind-numbing, time wasting interrogation will fade to nothing when the new discovery rules are in force and the defendants have to pick up the pace of their examinations or risk missing the important stuff. Here’s to change!

    If you have been injured in Ontario and are interested in getting fair compensation from your insurance company, a top personal injury lawyer can help. For more information, contact the Ottawa accident lawyers at Auger Hollingsworth by email or by phone at (613) 860-4529.

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