An examination for discovery is not “done” once the parties leave the room.
The Appellant as the Nominee
After the examination for discovery is completed, if the appellant provided undertakings or took questions under advisement, now is the time to gather the information or decide whether to answer the questions taken under advisement.
The Appellant as the Examiner
If during the appellant’s examination of the Crown’s nominee the Crown made undertakings, took questions under advisement, or refused to answer some questions, now is the time to think of the next steps. Upon receiving the Crown’s answers, the appellant should make sure the answers provided are adequate and responsive. If need be, the appellant can follow-up with additional questions. With regard to questions taken under advisement that were not answered or questions that the Crown objected to during the examination for discovery, the appellant must decide whether or not to bring a motion to compel the Crown to answer those questions. In other words, are the answers to those questions important enough to go through the extra step of bringing a motion?
Last updated: October 4, 2015