Rule 31.10 of the Ontario Rules of Civil Procedure provides for the right to examine a non-party. This rule allows a party to a legal action to request that a non-party to the action be examined for discovery purposes. Examining a non-party is done to gather information or evidence that may be relevant to the case.
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If a party fails to provide satisfactory responses or declines to address valid inquiries during the discovery or cross-examination process, a motion for undertakings and refusals might be needed. This motion requests the court’s intervention to compel the party being examined to comply with their undertakings or address questions that were inappropriately refused.
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