A COMPELLING SITUATION: ENFORCING AMERICAN LETTERS ROGATORY IN ONTARIO

Abstract

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.