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ARTICLE · 11 NOVEMBER 2020

How Many Questions Is Too Many On An Examination For Discovery By Written Interrogatories?

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In a case of sufficient size and complexity, asking several hundred questions on an examination for discovery by written interrogatories may not be disproportionate absent bad faith or illegality...

CanadaLitigation, Mediation & Arbitration
James Boyd
James Boyd
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In a case of sufficient size and complexity, asking several hundred questions on an examination for discovery by written interrogatories may not be disproportionate absent bad faith or illegality, according to a recent decision of the Ontario Superior Court of Justice.

In the recent case of Green v. Canadian Imperial Bank of Commerce, 2020 ONSC 5342, the Court rejected the plaintiffs' assertion of disproportionality to several hundred questions asked by a defendant on a written examination for discovery. Even though there were so many questions as to elicit the Court to remark that it “look[ed] like a very intelligent junior was tasked with going through the [300-paragraph statement of] claim and asking every relevant question possible,” given the circumstances of the case, including that it was as big and complex as they come, the Court ordered the plaintiffs to answer all of the outstanding interrogatories as directed.

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