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Letters of Request: Court Upholds Public Policy Limits on Enforcement
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Date: March 13 2007 |
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In recent years the Canadian courts have been increasingly willing to enforce the judgments of foreign courts and assist in the administration of foreign justice, particularly in permitting the taking of evidence in Canada for use in a foreign proceeding. One commonly used method when evidence is to be obtained from an individual in Canada for a proceeding in a foreign jurisdiction is a letter of request or letters rogatory. The recent decision in Morgan, Lewis & Bockius LLP v Gauthier ((2006) 82 OR (3d) 189 (SCJ)) demonstrates that there are limits, typically informed by public policy considerations, on the extent to which a Canadian court will assist a foreign court.
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