Notice of Motion (Undertakings and Refusals) (ON)

Summary

This precedent is a standard notice of motion to compel answers to undertakings and refusals in the Ontario Superior Court of Justice. This precedent includes practical guidance and drafting notes. A motion to compel answers to undertakings and refusals from an examination for discovery are brought under r. 31.06 and r. 31.07 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"). The order is necessary because the information or documents being sought on the motion are needed to prepare your case for trial. Pursuant to r. 37.10(10) of the Rules, the moving party must serve a Refusals and Undertakings Chart (Form 37C) (ON) and file it with the court at least 7 days before the hearing of the motion. The chart must set out the issue that is the subject of the refusal or undertaking, the question number and a reference to the page of the transcript where the questions appears, and the exact words of the question. The responding party must also provide, at least 4 days before the...