12.40: Written interrogatories

Case Summary

The parties in a family law matter sought additional directions with respect to Written Interrogatories previously ordered by Justice Ross. The self-represented Defendant, Ms. Mercier (“Mercier”), provided 710 questions. The Plaintiff, Mr. Fisher (“Fisher”), argued that an upper limit be imposed on the number of questions Mercier was permitted to pose in the Written Interrogatories.

Ross J. noted that the previous Order did not stipulate an upper limit of questions; however, Rule 12.40 allows a party in a family matter to file a Notice to Reply to Written Interrogatories while setting out a maximum of 30 “numbered and succinct” questions to be answered. Justice Ross held that Mercier was required to submit a revised list of no more than 60 questions to be answered by Fisher. Ross J. doubled the number of permissible questions under Rule 12.40 in order to account for Mercier’s concerns regarding the number of Affidavits filed by Fisher which, Mercier contended, raised a large number of issues to be addressed.

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