Update: Letters Rogatory


As I recently posted, the Ontario court will give procedural assistance to foreign courts, allowing foreign litigants to examine witnesses and collect evidence in Ontario by enforcing "letters of request" from foreign courts.  The Court of Appeal has just released a decision extending the concept to a Canadian Crown corporation (in that case, AECL Canada) - an interesting step because Crown corporations are traditionally 'protected' by the concept of Crown immunity.  The decision permits US litigants to come to Canada to compel even a Crown corporation to produce evidence and witnesses relevant to an ongoing dispute in the US (in that case, an insurance coverage dispute).

Topics:  Canada, Foreign Jurisdictions

Published In: Civil Procedure Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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