Examinations Out Of Court: What's Changing And Why It Matters For Ontario Litigators

Introduction

Ontario's Civil Rules Review proposes targeted, practical changes to how out‑of‑court examinations are used and managed. The goal is simple: keep the benefits of examinations while curbing the delays, costs, and satellite disputes they can create. The reforms keep examinations available where they add value, set clear guardrails for conduct, and streamline how undertakings and refusals are dealt with.

Changes

Proposals

The proposal clarifies where and how out‑of‑court examinations fit into the new model and tightens procedure to minimise disputes:

• Out‑of‑court examinations will be available in six instances:
  • cross‑examinations in Application Track cases;