Discovery: Obtaining Full & Effective Disclosure

The first thing that one must note that is of tremendous import, at least for a plaintiff, is that facts win cases and lawyers lose them.

As a result, the facts must be well-known and understood. This is not simply the facts as contained in the hospital records, health reports, nurses notes, clinical notes, consultation notes, lab studies and any other information provided by defence counsel prior to Examinations for Discovery.

Presented at Ontario Bar Association Continuing Legal Education conference, March 29, 2012