The Deemed Undertaking Rule In Ontario Litigation

In television dramas, lawsuits often appear to move at an unrealistic pace, with a claim filed one day and the parties appearing in court the next. In reality, litigation is a highly structured and often lengthy process, involving multiple procedural steps before a matter ever reaches trial.

One of the most significant steps that occurs prior to trial is the discovery process. Discovery allows counsel to uncover relevant information and narrow the issues in dispute. In order to promote a fair and equitable litigation process, discovery is governed by the Rules of Civil Procedure (the “Rules”). One of the key protections outlined in the Rules is the deemed undertaking rule.

What is The Deemed Undertaking Rule?