Examination for discovery. Examination for discovery allows you and the other parties to ask each other questions, under oath, before the trial.Notice of appeal to the referee. This Consultation Memorandum sets out the proposals of the Working Committee with responsibility for the topic of Discovery and Evidence. This rule allows a party to a legal action to request that a nonparty to the action be examined for discovery purposes. Affidavits –. Providing. Additional after. Examination. Superior Court of Justice rules and forms govern Superior Court proceedings across Ontario. This Practice Note covers conducting examination for discovery in a commercial case in Ontario. (b) Notice of Examination: General Requirements; Method of.