How We Use Discovery Transcripts to Impeach Witnesses at Trial
In Ontario personal injury trials, a powerful tool for revealing the truth is **impeachment**—using a witness’s past statements from discovery to challenge what they say in court. It’s not just drama—it’s strategy.
At Auger Hollingsworth, we use Rule 31.11(2) of the Rules of Civil Procedure and sections 20–21 of the Evidence Act to conduct effective impeachment. When a witness says something that contradicts their discovery transcript, we walk them through the contradiction step by step.
We ask the same question, word for word. Then we confirm that they were under oath at discovery. We point the judge to the exact page and question in the transcript. Finally, we ask whether their memory was fresher then—or if they now admit they got it wrong in court.
It’s not about embarrassing someone. It’s about credibility. If a witness is inconsistent, their evidence carries less weight. If they were truthful at discovery but are now shading the facts, we expose that clearly and respectfully.
We also prepare our own clients thoroughly. Before trial, we review their transcript with them. We clarify or correct answers under Rule 31.09(3). We explain how impeachment works—so they know what to expect.
In close cases, good impeachment can tip the scales.
Cross-examination isn’t just theatre—it’s technique. Trust Auger Hollingsworth Accident & Injury Lawyers to defend your credibility and challenge inconsistent testimony with precision.
