What Is an “Examination for Discovery”?

The Fact-Finding Engine of Civil Litigation

If you are involved in a lawsuit in British Columbia, you will likely hear your lawyer talk about “Examinations for Discovery.” For many clients, this is the most intimidating part of the pre-trial process. However, when properly prepared, it is your greatest opportunity to strengthen your case.

What Happens at Discovery? An Examination for Discovery is an oral questioning process that takes place before the actual trial. It does not happen in a courtroom and there is no judge present. Instead, it usually takes place in a boardroom at a court reporter’s office.

You will be placed under oath (sworn to tell the truth). The opposing lawyer will then ask you questions about the matters in dispute. A court reporter records everything that is said and produces a written transcript.

The Purpose of Discovery This process serves two vital functions:

1. Fact Gathering: It allows each side to learn exactly what the other side knows. This prevents “ambushes” or surprises at trial.
2. Admissions: If you or the opposing party admit to certain facts during discovery, those admissions can be read into the record at trial as evidence. This often simplifies the issues that a judge needs to decide.

What Questions Can Be Asked? The scope of questioning in BC is broad. The opposing lawyer is entitled to ask about anything that is potentially relevant to the lawsuit, even if it seems intrusive. However, they cannot ask about “privileged” communications (such as discussions between you and your lawyer).

At Crease Harman, we sit beside our clients throughout the entire examination. If a question is improper, abusive, or breaches privilege, we will intervene and instruct you not to answer.

Time Limits Under the Supreme Court Civil Rules, examinations are generally limited to seven hours per party. This ensures the process remains focused and efficient.

Why It Matters Most civil cases in BC settle before they ever reach trial. The Examination for Discovery is often the turning point where settlement discussions begin. A strong performance at discovery—where you appear credible, consistent, and honest—can convince the opposing side that they will lose at trial, leading to a favourable settlement offer.

Preparation is key. Our lawyers ensure you are fully briefed and comfortable before you ever step into the discovery room.