I have a question, several questions actually, regarding Discovery in Civil actions. I don't expect to get much assistance from these forums, so I'm going to do my own research and talk to an attorney as well. If on the odd chance that I do get a response here, I will use the information I gain here to compare notes.
It is my understanding that Discovery can take place before or after mediation in Ontario. I believe that the plaintiff or defendant is required to provide an affidavit of documents for the purpose of discovery. I also believe that a litigant can bring a motion to compel a litigant to produce an affidavit of documents, and that the litigant, so compelled, must make available all documents for discovery. Even those that would be detrimental to his/her/their action/defense. Is this correct?
The second question regards written examination during discovery. It is my understanding that a litigant must provide an affidavit response to any questions offered as a matter of discovery. It is my understanding that a litigant would have only fifteen days to enter a response, and that failing to do so carries potentially severe consequences. Is this correct?
The final question is in regard to the accuracy of responses made to written examinations during discovery. It is my understanding that the responding party must answer by affidavit. So this would mean that the responding party would be replying under oath, is that correct?
Thank you in advance for any assistance you may provide.