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Legal Ease
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Ontario - Clarification required. The family rule 20

Customer Question

Ontario - Clarification required. The family rule 20 (Questioning a witness and disclosure) states
QUESTIONING OR DISCLOSURE — PRECONDITIONS
(8) A party who wants to question a person or obtain information by affidavit or by another method may do so only if the party,
(a) has served and filed any answer, financial statement or net family property statement that these rules require; and
(b) promises in writing not to serve or file any further material for the next step in the case, except in reply to the answers or information obtained.If the next step is the Trial Management Conference, then does this mean that new evidence like text, documents, etc. can not longer be served to the other party in preparation to Trial?
Submitted: 2 months ago.
Category: Canada Law
Expert:  Legal Ease replied 2 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 2 months ago.

Did you promise in writing not to file any further material?

And if so is the material you want to use now in reply to the information or answer you received when you questioned the person?

Customer: replied 2 months ago.
No. I have not promised in writting yet.
Expert:  Legal Ease replied 2 months ago.

Did you already conduct the questioning?

Customer: replied 2 months ago.
No. I had not.
Customer: replied 2 months ago.
I got my answer from my lawyer. Is ok. Thank you.
Expert:  Legal Ease replied 2 months ago.

I didn't know you had a lawyer.

Can you let me know what your lawyer said just out of curiousity?

Thanks!

Customer: replied 2 months ago.
He said that after initial questioning through an examination centre, one can still serve and file additional evidence to build the case against the other party. My lawyer's fees are $400/hr and a simple email sent to him for an answer costs me $100.
Expert:  Legal Ease replied 2 months ago.

That is correct and you are fine if you need to file more evidence.

In fact you also have an ongoing duty to disclose all documents you discover later on so that is another way to get additional information in.

I am sorry lawyers are so expensive.

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