In a non-jury judge alone sexual assault action, can a plaintiff refuse to answer questions on an examination for discovery?

Ontario, Canada


The following excerpt is from Janet Doe v. Bragg, 2005 CanLII 33042 (ON SC):

In my view, while there are differences in how to conduct the trial of an action depending on whether there is to be a judge and jury or a judge alone, that difference does not justify refusals to answer questions on an examination for discovery. The pursuit of truth promoted by the discovery process should not be influenced by the mode of trial. If the questions regarding past relationships and a prior sexual assault were proper for a judge alone trial then they ought to have been proper for a judge and jury trial. Answering questions should not be governed by tactical considerations. See Wilkinson v. Holtby, supra. Similarly, the production of documents should be no different in a jury trial and in a non-jury trial.

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