Notice of Examination (ON)

Summary

This precedent is a standard notice of examination drafted pursuant to r. 34.04 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"), and in accordance with a notice of examination Form 34A. This precedent includes practical guidance and drafting notes. Where the person to be examined resides in Ontario, their attendance at the examinations is compelled by the service of a Notice of Examination (Form 34A) (ON), setting out the time, date and place of the examination. The notice is to be served on the opposing party's lawyer of record or, if unrepresented, personally or by an alternative to personal service (Rules, r. 34.04). This is the case regardless of whether the proposed witness is a named party or is being examined on behalf of a corporate party. Of note, the notice of examination is not a summons to witness and, therefore, no attendance monies need be paid. Pursuant to r. 34.02(1), the examination is to be held before a person assigned by an official examiner, a ...