Federal Courts Rules (SOR/98-106)

Marginal note:Answer by solicitor

• 246. (1) The solicitor of a person being examined for discovery orally may answer a question on behalf of the person during the examination, unless the examining party objects.

• Marginal note:Deemed answer of person examined

  (2) An answer given by a solicitor under subsection (1) is deemed to be the answer of the person being examined for discovery.

Marginal note:Divided discovery

247. Where

• (a) an order was made under rule 153 that an issue of fact be the subject of a reference after trial, or

• (b) an order was made under rule 107 that an issue in the action be determined separately,

any subsequent examination for discovery or inspection of documents shall not extend to that issue, unless otherwise ordered by the Court.

Marginal note:Undisclosed information inadmissible at trial

248. Where a party examined for discovery, or a person examined for discovery on behalf of a party, has refused, on the ground of privilege or for any other reason, to answer a proper question and has not subsequently answered the question, the party may not introduce the information sought by the question at trial without leave of the Court.

Marginal note:Order for inspection

• 249. (1) On motion, where the Court is satisfied that it is necessary or expedient for the purpose of obtaining information or evidence in full, the Court may order, in respect of any property that is the subject-matter of an action or as to which a question may arise therein, that

  • (a) a sample be taken of the property;

  • (b) an inspection be made of the property; or

  • (c) an experiment be tried on or with the property.

• Marginal note:Entry on land or building

  (2) An order made under subsection (1) may authorize a person to enter any land or building where the property is located for the purpose of enabling the order to be carried out.

• Marginal note:Personal service on non-party

  (3) Where a motion is brought under subsection (1) for an order in respect of property that is in the possession of a person who is not a party to the action, that person shall be personally served with notice of the motion.

Marginal note:Order for medical examination

• 250. (1) In an action for damages for personal injuries, the Court may, on motion, order the injured person to submit to a medical examination at a place and by a medical practitioner appointed by the Court.

• Marginal note:Who may attend examination

  (2) A person who is required to undergo a medical examination under this rule is entitled to have a solicitor, medical advisor or person appointed under rule 115, or all of them, present at the examination, but no other person, other than the person being examined and the medical practitioner authorized to conduct the examination, shall be present during the examination, except with leave of the Court or with the consent of the parties.

• Marginal note:Scope of examination

  (3) A medical practitioner who is examining a person under this rule may, in connection with that examination, ask the person any question that may be relevant to the purpose of the examination, and any statement made by the person during such an examination is admissible in evidence.

• Marginal note:Sanctions for plaintiff's failure to comply

  (4) If a plaintiff fails, without reasonable excuse, to comply with an order under subsection (1) or to answer any questions referred to in subsection (3), the Court may dismiss the action.