In addition to the various differences between civil litigation in Canada and in the United States which were summarized in my last article (e.g., in Canada there are no elected judges, far fewer civil jury trials, awards of punitive damages are rare, etc.), there are other key differences regarding how litigation is conducted. This article addresses an area with some of the most important differences, namely documentary and oral discovery practice and procedure. The next article in this series will address the critical differences which arise from the Canadian "loser pays" cost regime.
Documentary and Oral Discovery