Court Extends Time Limit for Discovery in Simplified Procedure Action

In a previous blog post, we discussed a decision in which Associate Justice Jolley held that the court does not have discretion to extend the three hour time limit for examinations for discovery in Simplified Procedure actions.

More recently, in Blue v. Metro Ontario Inc., 2022 ONSC 1283, Associate Justice McGraw held that, although an associate judge does not have inherent jurisdiction, the time limit for examinations for discoveries in Simplified Procedure actions can be extended under rule 3.02(1) and rule 2.03 of the Rules of Civil Procedure.

Rule 3.02(1) permits the court to extend or abridge any time prescribed by the rules. Rule 2.03 states that the court may, only where and as necessary in the interest of justice, dispense with compliance with any rule at any time.