A Compelling Situation: Enforcing American Letters Rogatory in Ontario



Where a party seeks to take evidence from an unwilling party in a foreign jurisdiction, a formal request for judicial assistance must be made by the party's domestic court to a court in the foreign jurisdiction. Such a request is called a letter rogatory. The author describes the process whereby an American party would request the judicial assistance of an Ontario court, including the formal requirements for a letter rogatory and the various preconditions to enforcement of which an Ontario court must be satisfied. The granting of such a request is a discretionary matter for Ontario courts; the author also reviews factors which will affect the exercise of the discretion.

Keywords: Letters, Request, Rogatory, Foreign, Deposition, Discovery, Evidence, Witness

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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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