Motion for Undertakings and Refusals

Denis Grigoras

Denis is a lawyer who draws on his background in complex legal disputes and transactions to problem-solve for his clients.

When a party in a proceeding has either failed to deliver answers to undertakings given at the examination and/or refused to answer proper questions asked during the examination, you can bring a motion for undertakings and refusals asking the court to compel that party to satisfy its undertakings and/or to provide answers to questions that that party inappropriately refused during the examination.

However, a court won’t consider your motion unless you file a fully completed Refusals and Undertakings Chart (Form 37C). The Refusals and Undertakings Chart sets out three things: (i) the issue that is the subject of the refusal or undertaking and its connection to the pleadings or affidavit, (ii) the question number and a reference to the page of the examination transcript where the question appears, and (iii) and the exact wording of the question.

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