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ARTICLE · 05 APRIL 2022

Court Permits Extension Of Time For Discovery In Simplified Procedure Action

Pallett Valo LLP
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Pursuant to the Rules of Civil Procedure, each party in an action brought under the Simplified Procedure is permitted a maximum of three hours for examination for discovery (Rule 76.04(2)).

CanadaLitigation, Mediation & Arbitration
Christina Chiu
Christina Chiu
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Pursuant to the Rules of Civil Procedure ("Rules"), each party in an action brought under the Simplified Procedure is permitted a maximum of three hours for examination for discovery (Rule 76.04(2)).

However, a recent Superior Court of Justice decision has confirmed that the Court has jurisdiction to extend this time limit.

In Blue v Metro Ontario Inc, 2022 ONSC 1283, the Plaintiff ("Blue") commenced an action under the Simplified Procedure in relation to a slip and fall incident at the grocery store of the Defendant, Metro Ontario Inc ("MOI").

Prior to the examination for discoveries, MOI's counsel sent surveillance footage of the incident to Blue. Unfortunately, the entire footage could not be opened prior to the start of the examination for discovery of MOI.

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