DISCOVERY
RULE 30 DISCOVERY OF DOCUMENTS
INTERPRETATION
30.01 (1) In rules 30.02 to 30.11,
(a) "document" includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and data and information recorded or stored by means of any device; and
(b) a document shall be deemed to be in a party's power if that party is entitled to obtain the original document or a copy of it and the party seeking it is not so entitled.
(2) In subrule 30.02(4),
(a) a corporation is a subsidiary of another corporation where it is controlled directly or indirectly by the other corporation; and
(b) a corporation is affiliated with another corporation where,
(i) one corporation is the subsidiary of the other,
(ii) both corporations are subsidiaries of the same corporation, or
(iii) both corporations are controlled directly or indirectly by the same person or persons.
SCOPE OF DOCUMENTARY DISCOVERY
Disclosure
30.02 (1) Every document relating to any matter in issue in an action that is or has been in the possession, control or power of a party to the action shall be disclosed as provided in rules 30.03 to 30.10, whether or not privilege is claimed in respect of the document.
Production for Inspection
(2) Every document relating to any matter in issue in an action that is in the possession, control or power of a party to the action shall be produced for inspection if requested, as provided in rules 30.03 to 30.10, unless privilege is claimed in respect of the document.
Insurance Policy
(3) A party shall disclose and, if requested, produce for inspection any insurance policy under which an insurer may be liable,
(a) to satisfy all or part of a judgment in the action; or
(b) to indemnify or reimburse a party for money paid in satisfaction of all or part of the judgment,
but no information concerning the insurance policy is admissible in evidence unless it is relevant to an issue in the action.
Subsidiary and Affiliated Corporations and Corporations Controlled by Party
(4) The court may order a party to disclose all relevant documents in the possession, control or power of the party's subsidiary or affiliated corporation or of a corporation controlled directly or indirectly by the party and to produce for inspection all such documents that are not privileged.
AFFIDAVIT OF DOCUMENTS
Party to Serve Affidavit
30.03 (1) A party to an action shall, within ten days after the close of pleadings, serve on every other party an affidavit of documents (Form 30A or 30B) disclosing to the full extent of the party's knowledge, information and belief all documents relating to any matter in issue in the action that are or have been in the party's possession, control or power.
Contents
(2) The affidavit shall list and describe, in separate schedules, all documents relating to any matter in issue in the action,
(a) that are in the party's possession, control or power and that the party does not object to producing;
(b) that are or were in the party's possession, control or power and for which the party claims privilege, and the grounds for the claim; and
(c) that were formerly in the party's possession, control or power, but are no longer in the party's possession, control or power, whether or not privilege is claimed for them, together with a statement of when and how the party lost possession or control of or power over them and their present location.
(3) The affidavit shall also contain a statement that the party has never had in his or her possession, control or power any document relating to any matter in issue in the action other than those listed in the affidavit.
Solicitor's Certificate
(4) Where the party is represented by a solicitor, the solicitor shall certify on the affidavit that he or she has explained to the deponent
(a) the necessity of making full disclosure of all documents relating to any matter in issue in the action; and.
(b) what kinds of documents are likely to be relevant to the allegations in the pleadings.
Affidavit not to be Filed
(5) An affidavit of documents shall not be filed unless it is relevant to an issue on a pending motion or at trial.
INSPECTION OF DOCUMENTS
Request to Inspect
30.04 (1) A party who serves on another party a request to inspect documents (Form 30C) is entitled to inspect any document that is not privileged and that is referred to in the other party's affidavit of documents as being in his or her possession, control or power.
(2) A request to inspect documents may also be used to obtain the inspection of any document in another party's possession, control or power that is referred to in the originating process, pleadings or an affidavit served by the other party.
(3) A party on whom a request to inspect documents is served shall forthwith inform the party making the request of a date within five days after the service of the request to inspect documents and of a time between 9:30 a.m. and 4:30 p.m. when the documents may be inspected at the office of the solicitor of the party served, or at some other convenient place, and shall at the time and place named make the documents available for inspection.
Documents to be Taken to Examination and Trial
(4) Unless the parties agree otherwise, all documents listed in a party's affidavit of documents that are not privileged and all documents previously produced for inspection by the party shall, without notice, summons or order, be taken to and produced at,
(a) the examination for discovery of the party or of a person on behalf or in place of or in addition to the party; and
(b) the trial of the action.
Court may Order Production
(5) The court may at any time order production for inspection of documents that are not privileged and that are in the possession, control or power of a party.
Court may Inspect to Determine Claim of Privilege
(6) Where privilege is claimed for a document, the court may inspect the document to determine the validity of the claim.
Copying of Documents
(7) Where a document is produced for inspection, the party inspecting the document is entitled to make a copy of it at his or her own expense, if it can be reproduced, unless the person having possession or control of or power over the document agrees to make a copy, in which case the person shall be reimbursed for the cost of making the copy.
Divided Disclosure or Production
(8) Where a document may become relevant only after the determination of an issue in the action and disclosure or production for inspection of the document before the issue is determined would seriously prejudice a party, the court on the party's motion may grant leave to withhold disclosure or production until after the issue has been determined.
DISCLOSURE OR PRODUCTION NOT ADMISSION OF RELEVANCE
30.05 The disclosure or production of a document for inspection shall not be taken as an admission of its relevance or admissibility.
WHERE AFFIDAVIT INCOMPLETE OR PRIVILEGE IMPROPERLY CLAIMED
30.06 Where the court is satisfied by any evidence that a relevant document in a party's possession, control or power may have been omitted from the party's affidavit of documents, or that a claim of privilege may have been improperly made, the court may,
(a) order cross-examination on the affidavit of documents;
(b) order service of a further and better affidavit of documents;
(c) order the disclosure or production for inspection of the document, or a part of the document, if it is not privileged; and
(d) inspect the document for the purpose of determining its relevance or the validity of a claim of privilege.
DOCUMENTS OR ERRORS SUBSEQUENTLY DISCOVERED
30.07 Where a party, after serving an affidavit of documents,
(a) comes into possession or control of or obtains power over a document that relates to a matter in issue in the action and that is not privileged; or
(b) discovers that the affidavit is inaccurate or incomplete,
the party shall forthwith serve a supplementary affidavit specifying the extent to which the affidavit of documents requires modification and disclosing any additional documents.
EFFECT OF FAILURE TO DISCLOSE OR PRODUCE FOR INSPECTION
Failure to Disclose or Produce Document
30.08 (1) Where a party fails to disclose a document in an affidavit of documents or a supplementary affidavit, or fails to produce a document for inspection in compliance with these rules or an order of the court,
(a) if the document is favourable to his or her case, the party may not use the document at the trial, except with leave of the trial judge; or
(b) if the document is not favourable to his or her case, the court may make such order as is just.
Failure to Serve Affidavit or Produce Document
(2) Where a party fails to serve an affidavit of documents or produce a document for inspection in compliance with these rules or fails to comply with an order of the court under rules 30.02 to 30.11, the court may,
(a) revoke or suspend the party's right, if any, to initiate or continue an examination for discovery;
(b) dismiss the action, if the party is a plaintiff, or strike out the statement of defence, if the party is a defendant; and
(c) make such other order as is just.
PRIVILEGED DOCUMENT NOT TO BE USED WITHOUT LEAVE
30.09 Where a party has claimed privilege in respect of a document and does not abandon the claim by giving notice in writing and providing a copy of the document or producing it for inspection at least 90 days before the commencement of the trial, the party may not use the document at the trial, except to impeach the testimony of a witness or with leave of the trial judge.
PRODUCTION FROM NON-PARTIES WITH LEAVE
Order for Inspection
30.10 (1) The court may, on motion by a party, order production for inspection of a document that is in the possession, control or power of a person not a party and is not privileged where the court is satisfied that,
(a) the document is relevant to a material issue in the action; and
(b) it would be unfair to require the moving party to proceed to trial without having discovery of the document.
Notice of Motion
(2) A motion for an order under subrule (1) shall be made on notice,
(a) to every other party; and
(b) to the person not a party, served personally or by an alternative to personal service under rule 16.03.
Court may Inspect Document
(3) Where privilege is claimed for a document referred to in subrule (1), or where the court is uncertain of the relevance of or necessity for discovery of the document, the court may inspect the document to determine the issue.
Preparation of Certified Copy
(4) The court may give directions respecting the preparation of a certified copy of a document referred to in subrule (1) and the certified copy may be used for all purposes in place of the original.
DOCUMENT DEPOSITED FOR SAFE KEEPING
30.11 The court may order that a relevant document be deposited for safe keeping with the registrar and thereafter the document shall not be inspected by any person except with leave of the court.
30.1.01 (1) This Rule applies to,
(a) evidence obtained under,
(i) Rule 30 (documentary discovery),
(ii)Rule 31 examination for discovery),
(iii) Rule 32 (inspection of property),
(iv) Rule 33 (medical examination),
(v) Rule 35 (examination for discovery by written questions),
(vi)Rule 60.18 (examination in aid of execution); and
(b)information obtained from evidence referred to in clause (a).
(2)This Rule does not apply to evidence or information obtained otherwise than under the rules referred to in subrule (1).
Deemed Undertaking
(3) All parties and their counsel are deemed to undertake not to use evidence or information to which this Rule applies for any purposes other than those of the proceeding in which the evidence was obtained.
Exceptions
(4)Subrule (3) does not prohibit a use to which the person who disclosed the evidence consents.
(5)Subrule (3) does not prohibit the use, for any purpose, of;
(a) evidence that is filed with the court;
(b) evidence that is given or referred to during a hearing;
(c) information obtained from evidence referred to in clause (a) or (b),
(6)Subrule (3) does not prohibit the use of evidence obtained in one proceeding, or information obtained from such evidence, to impeach the testimony of a witness in another proceeding.
(7) Subrule (3) does not prohibit the use of evidence or information in accordance with subrule 31.11(8) (subsequent action).
Order that Undertaking does not Apply
(8)If satisfied that the interests of justice outweigh any prejudice that would result to a party who disclosed evidence, the court may order that subrule (3) does not apply to the evidence or to information obtained from it. and may impose such terms and give such directions as are just.
RULE 30.1 DEEMED UNDERTAKING
DEEMED UNDERTAKING
Application
30.1.01 (1) This Rule applies to,
(a) evidence obtained under,
(i) Rule 30 (documentary discovery),
(ii) Rule 31 (examination for discovery),
(iii) Rule 32 (inspection of property),
(iv) Rule 33 (medical examination),
(v) Rule 35 (examination for discovery by written questions),and
(b) information obtained from evidence referred to in clause (a).
(2) This Rule does not apply to evidence or information obtained other
wise than under the rules referred to in subrule (1).
Deemed Undertaking
(3) All parties and their counsel are deemed to undertake not to use evidence or information to which this Rule applies for any purposes other than those of the proceeding in which the evidence was obtained.
Exceptions
(4) Subrule (3) does not prohibit a use to which the person who disclosed the evidence consents.
(5) Subrule (3) does not prohibit the use, for any purpose, of,
(a) evidence that is filed with the court;
(b) evidence that is given or referred to during a hearing;
(c) information obtained from evidence referred to in clause (a) or (b). (6) Subrule (3) does not prohibit the use of evidence obtained in one proceeding, or information obtained from such evidence, to impeach the testimony of a witness in another proceeding.
(7) Subrule (3) does not prohibit the use of evidence or information in accordance with subrule 31.11(8) (subsequent action).
Order that Undertaking does not Apply
(8) If satisfied that the interest of justice outweighs any prejudice that would result to a party who disclosed evidence, the court may order that subrule (3) does not apply to the evidence or to information obtained from it, and may impose such terms and give such directions as are just.
RULE 31 EXAMINATION FOR DISCOVERY
DEFINITION
31.01 In rules 31.02 to 31.11, "document" has the same meaning as in clause 30.01(l)(a).
FORM OF EXAMINATION
31.02 (1) Subject to subrule (2), an examination for discovery may take the form of an oral examination or, at the option of the examining party, an examination by written questions and answers, but the examining party is not entitled to subject a person to both forms of examination except with leave of the court.
(2) Where more than one party is entitled to examine a person, the examination for discovery shall take the form of an oral examination, unless all the parties entitled to examine the person agree otherwise.
WHO MAY EXAMINE AND BE EXAMINED
Generally
31.03 (1) A party to an action may examine for discovery any other party adverse in interest, once, and may examine that party more than once only with leave of the court, but a party may examine more than one person as permitted by subrules (3) to (8).
On Behalf of Corporation
(2) Where a corporation may be examined for discovery, the examining party may examine any officer, director or employee on behalf of the corporation, but the court on motion of the corporation before the examination may order the examining party to examine another officer, director or employee.
(3) Where an officer, director or employee of a corporation has been examined, no other officer, director or employee of the corporation may be examined without leave of the court.
On Behalf of Partnership or Sole Proprietorship
(4) Where an action is brought by or against a partnership or a sole proprietorship using the firm name, each person who was, or is alleged to have been, a partner or the sole proprietor, as the case may be, at a material time, may be examined on behalf of the partnership or sole proprietorship.
In Place of Person under Disability
(5) Where an action is brought by or against a party under disability,
(a) the litigation guardian may be examined in place of the person under disability; or
(b) at the option of the examining party, the person under disability may be examined if he or she is competent to give evidence,
but where the litigation guardian is the Children's Lawyer or the Public Guardian and Trustee, the litigation guardian may be examined only with leave of the court.
Assignee
(6) Where an action is brought by or against an assignee, the assignor may be examined in addition to the assignee.
Trustee in Bankruptcy
(7) Where an action is brought by or against a trustee of the estate of a bankrupt, the bankrupt may be examined in addition to the trustee.
Nominal Party
(8) Where an action is brought or defended for the immediate benefit of a person who is not a party, the person may be examined in addition to the party bringing or defending the action.
Limiting Multiple Examinations
(9) Where a party is entitled to examine for discovery,
(a) more than one person under this rule; or
(b) multiple parties who are in the same interest,
but the court is satisfied that multiple examinations would be oppressive, vexatious or unnecessary, the court may impose such limits on the right of discovery as are just.
WHEN EXAMINATION MAY BE INITIATED
Examination of Plaintiff
31.04 (1) A party who seeks to examine a plaintiff for discovery may serve a notice of examination under rule 34.04 or written questions under rule 35.01 only after delivering a statement of defence and, unless the parties agree otherwise, serving an affidavit of documents.
Examination of Defendant
(2) A party who seeks to examine a defendant for discovery may serve a notice of examination under rule 34.04 or written questions under rule 35.01 only after,
(a) the defendant has delivered a statement of defence and, unless the parties agree otherwise, the examining party has served an affidavit of documents; or
(b) the defendant has been noted in default.
Completion of Examination
(3) The party who first serves on another party a notice of examination under rule 34.04 or written questions under rule 35.01 may examine first and may complete the examination before being examined by another party, unless the court orders otherwise.
ORAL EXAMINATION BY MORE THAN ONE PARTY
31.05 Unless the court orders or the parties agree otherwise, where more than one party is entitled to examine a party or person for discovery without leave, there shall be only one oral examination, which may be initiated by any party adverse to the party,
(a) who is to be examined; or
(b) on behalf or in place of whom, or in addition to whom, a person is to be examined.
SCOPE OF EXAMINATION
General
31.06 (1) A person examined for discovery shall answer, to the best of his or her knowledge, information and belief, any proper question relating to any matter in issue in the action or to any matter made discoverable by subrules (2) to (4) and no question may be objected to on the ground that,
(a) the information sought is evidence;
(b) the question constitutes cross-examination, unless the question is directed solely to the credibility of the witness; or
(c) the question constitutes cross-examination on the affidavit of documents of the party being examined.
Identity of Persons Having Knowledge
(2) A party may on an examination for discovery obtain disclosure of the names and addresses of persons who might reasonably be expected to have knowledge of transactions or occurrences in issue in the action, unless the court orders otherwise.
Expert Opinions
(3) A party may on an examination for discovery obtain disclosure of the findings, opinions and conclusions of an expert engaged by or on behalf of the party being examined that relate to a matter in issue in the action and of the expert's name and address, but the party being examined need not disclose the information or the name and address of the expert where,
(a) the findings, opinions and conclusions of the expert relating to any matter in issue in the action were made or formed in preparation for contemplated or pending litigation and for no other purpose; and
(b) the party being examined undertakes not to call the expert as a witness at the trial.
Insurance Policies
(4) A party may on an examination for discovery obtain disclosure of,
(a) the existence and contents of any insurance policy under which an insurer may be liable to satisfy all or part of a judgment in the action or to indemnity or reimburse a party for money paid in satisfaction of all or part of the judgment; and
(b) the amount of money available under the policy, and any conditions affecting its availability.
(5) No information concerning the insurance policy is admissable in evidence unless it is relevant to an issue in the action.
Divided Discovery
(6) Where information may become relevant only after the determination of an issue in the action and the disclosure of the information before the issue is determined would seriously prejudice a party, the court on the party's motion may grant leave to withhold the information until after the issue has been determined.
EFFECT OF REFUSAL
31.07 (1) Where a party, or a person examined for discovery on behalf or in place of a party, has refused to answer a proper question or to answer a question on the ground of privilege, and has failed to furnish the information in writing not later than ten days after the action is set down for trial, the party may not introduce at the trial the information refused on discovery, except with leave of the trial judge.
(2) The sanction provided by subrule (1) is in addition to the sanctions provided by rule 34.15 (sanctions for default in examination).
EFFECT OF COUNSEL ANSWERING
31.08 Questions on an oral examination for discovery shall be answered by the person being examined but, where there is no objection, the question may be answered by his or her counsel and the answer shall be deemed to be the answer of the person being examined unless, before the conclusion of the examination, the person repudiates, contradicts or qualifies the answer.
INFORMATION SUBSEQUENTLY OBTAINED
Duty to Correct Answers
31.09 (1) Where a party has been examined for discovery or a person has been examined for discovery on behalf or in place of, or in addition to the party, and the party subsequently discovers that the answer to a question on the examination,
(a) was incorrect or incomplete when made; or
(b) is no longer correct and complete,
the party shall forthwith provide the information in writing to every other party.
Consequences of Correcting Answers
(2) Where a party provides information in writing under subrule (1),
(a) the writing may be treated at a hearing as if it formed part of the original examination of the person examined; and
(b) any adverse party may require that the information be verified by affidavit of the party or be the subject of further examination for discovery.
Sanction for Failing to Correct Answers
(3) Where a party has failed to comply with subrule (1) or a requirement under clause (2)(b), and the information subsequently discovered is,
(a) favourable to his or her case, the party may not introduce the information at the trial, except with leave of the trial judge; or
(b) not favourable to his or her case, the court may make such order as is just.
DISCOVERY OF NON-PARTIES WITH LEAVE
General
31.10 (1) The court may grant leave, on such terms respecting costs and other matters as are just, to examine for discovery any person who there is reason to believe has information relevant to a material issue in the action, other than an expert engaged by or on behalf of a party in preparation for contemplated or pending litigation.
Test for Granting Leave
(2) An order under subrule (1) shall not be made unless the court is satisfied that,
(a) the moving party has been unable to obtain the information from other persons whom the moving party is entitled to examine for discovery, or from the person he or she seeks to examine;
(b) it would be unfair to require the moving party to proceed to trial without having the opportunity of examining the person; and
(c) the examination will not,
(i) unduly delay the commencement of the trial of the action,
(ii) entail unreasonable expense for other parties, or
(iii) result in unfairness to the person the moving party seeks to examine.
Costs Consequences for Examining Party
(3) A party who examines a person orally under this rule shall serve every party who attended or was represented on the examination with the transcript free of charge, unless the court orders otherwise.
(4) The examining party is not entitled to recover the costs of the examination from another party unless the court expressly orders otherwise.
Limitation on Use at Trial
(5) The evidence of a person examined under this rule may not be read into evidence at trial under subrule 31.11 (1).
USE OF EXAMINATION FOR DISCOVERY AT TRIAL
Reading in Examination of Party
31.11 (1) At the trial of an action, a party may read into evidence as part of his or her own case against an adverse party any part of the evidence given on the examination for discovery of,
(a) the adverse party; or
(b) a person examined for discovery on behalf or in place of, or in addition to the adverse party, unless the trial judge orders otherwise,
if the evidence is otherwise admissible, whether the party or person has already given evidence or not.
Impeachment
(2) The evidence given on an examination for discovery may be used for the purpose of impeaching the testimony of the deponent as a witness in the same manner as any previous inconsistent statement by that witness.
Qualifying Answers
(3) Where only part of the evidence given on an examination for discovery is read into or used in evidence, at the request of an adverse party the trial judge may direct the introduction of any other part of the evidence that qualifies or explains the part first introduced.
Rebuttal
(4) A party who reads into evidence as part of his or her own case evidence given on an examination for discovery of an adverse party, or a person examined for discovery on behalf or in place of or in addition to an adverse party, may rebut that evidence by introducing any other admissible evidence.
Party under Disability
(5) The evidence given on the examination for discovery of a party under disability may be read into or used in evidence at the trial only with leave of the trial judge.
Unavailability of Deponent
(6) Where a person examined for discovery,
(a) has died;
(b) is unable to testify because of infirmity or illness;
(c) for any other sufficient reason cannot be compelled to attend at the trial; or
(d) refuses to take an oath or make an affirmation or to answer any proper question,
any party may, with leave of the trial judge, read into evidence all or part of the evidence given on the examination for discovery as the evidence of the person examined, to the extent that it would be admissible if the person were testifying in court.
(7) In deciding whether to grant leave under subrule (6), the trial judge shall consider,
(a) the extent to which the person was cross-examined on the examination for discovery;
(b) the importance of the evidence in the proceeding;
(c) the general principle that evidence should be presented orally in court; and
(d) any other relevant factor.
Subsequent Action
(8) Where an action has been discontinued or dismissed and another action involving the same subject matter is subsequently brought between the same parties or their representatives or successors in interest, the evidence given on an examination for discovery taken in the former action may be read into or used in evidence at the trial of the subsequent action as if it had been taken in the subsequent action.
RULE 32 INSPECTION OF PROPERTY
ORDER FOR INSPECTION
32.01 (1) The court may make an order for the inspection of real or personal property where it appears to be necessary for the proper determination of an issue in a proceeding.
(2) For the purpose of the inspection, the court may,
(a) authorize entry on or into and the taking of temporary possession of any property in the possession of a party or of a person not a party;
(b) permit the measuring, surveying or photographing of the property in question, or of any particular object or operation on the property; and
(c) permit the taking of samples, the making of observations or the conducting of tests or experiments.
(3) The order shall specify the time, place and manner of the inspection and may impose such other terms, including the payment of compensation, as are just.
(4) No order for inspection shall be made without notice to the person in possession of the property unless,
(a) service of notice, or the delay necessary to serve notice, might entail serious consequences to the moving party; or
(b) the court dispenses with service of notice for any other sufficient reason.
RULE 33 MEDICAL EXAMINATION OF PARTIES
MOTION FOR MEDICAL EXAMINATION
33.01 A motion by an adverse party for an order under section 105 of the Courts of Justice Act for the physical or mental examination of a party whose physical or mental condition is in question in a proceeding shall be made on notice to every other party.
ORDER FOR EXAMINATION
Contents of Order
33.02 (1) An order under section 105 of the Courts of Justice Act may specify the time, place and purpose of the examination and shall name the health practitioner or practitioners by whom it is to be conducted.
Further Examinations
(2) The court may order a second examination or further examinations on such terms respecting costs and other matters as are just.
DISPUTE AS TO SCOPE OF EXAMINATION
33.03 The court may on motion determine any dispute relating to the scope of an examination.
PROVISION OF INFORMATION TO PARTY OBTAINING ORDER
Interpretation
33.04 (1) Subrule 30.01(1) (meaning of "document", "power") applies to subrule (2). O. Reg. 560/84, r. 33.04(1).
Party to be Examined must Provide Information
(2) The party to be examined shall, unless the court orders otherwise, provide to the party obtaining the order, at least seven days before the examination, a copy of,
(a) any report made by a health practitioner who has treated or examined the party to be examined in respect of the mental or physical condition in question, other than a practitioner whose report was made in preparation for contemplated or pending litigation and for no other purpose, and whom the party to be examined undertakes not to call as a witness at the hearing; and
(b) any hospital record or other medical document relating to the mental or physical condition in question that is in the possession, control or power of the party other than a document made in preparation for contemplated or pending litigation and for no other purpose, and in respect of which the party to be examined undertakes not to call evidence at the hearing.
WHO MAY ATTEND ON EXAMINATION
33.05 No person other than the person being examined, the examining health practitioner and such assistants as the practitioner requires for the purpose of the examination shall be present at the examination, unless the court orders otherwise.
MEDICAL REPORTS
Preparation of Report
33.06 (1) After conducting an examination, the examining health practitioner shall prepare a written report setting out his or her observations, the results of any tests made and his or her conclusions, diagnosis and prognosis and shall forthwith provide the report to the party who obtained the order.
Service of Report
(2) The party who obtained the order shall forthwith serve the report on every other party.
PENALTY FOR FAILURE TO COMPLY
33.07 A party who fails to comply with section 105 of the Courts of Justice Act or an order made under that section or with rule 33.04 is liable, if a plaintiff or applicant, to have the proceeding dismissed or, if a defendant or respondent, to have the statement of defence or affidavit in response to the application struck out.
EXAMINATION BY CONSENT
33.08 Rules 33.01 to 33.07 apply to a physical or mental examination conducted on the consent in writing of the parties, except to the extent that they are waived by the consent.