Authors: Vivian R. Stevenson, QC and Justin Laverty-Harrigan

With an increasing emphasis being placed on interlocutory proceedings, effective use of the questioning processes are as important as ever to advance your client’s case and learn and weaken your opponent’s. This paper discusses the different forms of questioning, and when and how to use them. In particular, the relevant rules, purpose, scope, types of questions, mode of questioning, and use of transcripts are reviewed for each of the following: questioning for discovery, questioning on affidavit, and questioning of a witness before a hearing. Additionally, practice points are provided to assist counsel to make the most effective use of questioning in their practice.