Perlmutter v. Smith

Perlmutter v. Smith

The Court dismissed the appeal: giving effect to the Florida Letters of Request respected international comity and fell within the Friction Division factors because the requested evidence was relevant and not otherwise obtainable on the record, the requests were not unduly burdensome after reasonable temporal and subject-matter limits were imposed, the Ontario judge properly narrowed scope under s.60 of the Evidence Act, and there was no demonstrated defect in the Florida process or public policy breach; leave to appeal the costs order was denied.

Citation
2020 ONCA 570
Parties
Applicants (respondents): Isaac Perlmutter; Applicants (respondents): Laura Perlmutter; Applicant (respondent): Harold Peerenboom; Respondent (appellant): David Smith
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
11 September 2020
Procedural Posture
Civil Appeal (enforcement of Foreign Letters of Request) / Appeal From Superior Court Order Enforcing Letters of Request
Outcome
Appeal dismissed; leave to appeal costs order denied
Legal Topics
Letters of Request, Comity, Discovery, Enforcement of Foreign Judicial Assistance, Overbreadth and Undue Burden
Source Language
English
Private International Law Civil Procedure Evidence Defamation Costs Law Letters of Request Comity Discovery +2 more

Case Brief

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Parties

Isaac Perlmutter

Applicants (respondents)

Laura Perlmutter

Applicants (respondents)

Harold Peerenboom

Applicant (respondent)

David Smith

Respondent (appellant)

Procedural Posture

Civil Appeal (enforcement of Foreign Letters of Request) / Appeal From Superior Court Order Enforcing Letters of Request

Legal Issues

  1. 1 Whether the evidence sought was otherwise obtainable
  2. 2 Whether the Second Letters of Request imposed an undue burden
  3. 3 Whether the documents were identified with reasonable specificity

Ratio Decidendi

The Court dismissed the appeal: giving effect to the Florida Letters of Request respected international comity and fell within the Friction Division factors because the requested evidence was relevant and not otherwise obtainable on the record, the requests were not unduly burdensome after reasonable temporal and subject-matter limits were imposed, the Ontario judge properly narrowed scope under s.60 of the Evidence Act, and there was no demonstrated defect in the Florida process or public policy breach; leave to appeal the costs order was denied.

Court Disposition

Appeal dismissed; leave to appeal costs order denied

Orders

  • Order giving effect to the Second Letters of Request with directions on scope and procedure (including temporal limitation May 1, 2011 to June 30, 2016)
  • Each party to bear its own costs of the Ontario applications