As an alternative to having an oral examination for discovery, a party can opt to have the examination done in writing. A written examination is less expensive than an oral examination because the party seeking to examine the other party does not have to pay for a verbatim reporter. With regard to travel costs, the Crown will generally travel to the appellant’s location, so this is not a factor for the appellant.
An examination for discovery by written questions and answers is conducted by serving a list of questions on the person to be examined using Form 113. The person examined has 30 days to answer. The answer must be by way of affidavit using Form 114. If the person objects to a question, the objection must be included in the affidavit, with a brief statement of the reason for the objection.
Last updated: October 4, 2015