Can an examining party go beyond the pleadings of a claim or defence that has not been pleaded?
Ontario, Canada
The following excerpt is from Robbins v. Sears Canada Inc., 2015 ONSC 6660 (CanLII):
The court further held in the case of Ontario v. Rothman’s Inc., 2011 ONSC 2504, in para. 129: …The examining party may not go beyond the pleadings in an effort to find a claim or defence that has not been pleaded. Overbroad or speculative discovery is known colloquially as a “fishing expedition” and it is not permitted.…
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