Does leave under rule 13.01 need to be granted to conduct a form of discovery?
Ontario, Canada
The following excerpt is from Garg v Raywal Limited, 2014 CanLII 45320 (ON SCSM):
12. I am aware of only one reported case in which leave under rule 13.01 to conduct a form of discovery was ever granted: Suedfeld v. Lancia, [1993] O.J. No. 1693 (Sm. Cl. Ct.). But leave was granted only for an exchange of written questions and answers dealing specifically with particulars of the plaintiff’s defamation allegations.
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