Ontario Barrister and Solicitor Practice Exam 2026 – The All-in-One Guide to Achieving Exam Success!

"Discovery" in civil litigation refers to the pre-trial process where parties exchange information about their case. This phase is crucial as it allows both sides to obtain evidence, clarify issues, and prepare for trial. During discovery, parties can request documents, take depositions, and submit interrogatories, all of which help to ensure that both plaintiffs and defendants are fully aware of the facts and positions leading up to the trial.

The emphasis on information exchange in discovery is intended to prevent surprises during trial, promote settlement discussions, and facilitate a fair resolution. This process is fundamental to the litigation strategy, as it often reveals the strengths and weaknesses of each party's case. By engaging in discovery, attorneys can assess the viability of their claims or defenses based on the information gathered.

In contrast, the other options do not accurately capture the essence of discovery in civil litigation. The post-trial procedure for appealing parties, methods for selecting jurors, and final arguments presented in court are all distinct aspects of the litigation process, but they do not pertain to the pre-trial information exchange that defines discovery.