Goguen v. Ward

Goguen v. Ward

All EchoStar factors were satisfied on the material before the court; judicial comity required giving effect to the California letter of request and an order compelling Ward's attendance was granted subject to specified conditions and a hybrid costs/advance regime (fixed contributions for litigation and lost income, plus an advance and assessment mechanism for deposition preparation/attendance fees).

Citation
2017 BCSC 866
Parties
Petitioner: Michael L. Goguen; Respondent: Bryan Ward; Respondent: Amber Laurel Baptiste
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 January 2017
Procedural Posture
Enforcement of Foreign Letter of Request for Examination (taking of Evidence) / Chambers Oral Ruling on Petition to Compel Attendance for Deposition
Outcome
Order granted to enforce California letter of request and compel respondent Bryan Ward to attend an examination; conditions and costs orders imposed.
Legal Topics
Letters Rogatory, Examination for Discovery, Judicial Comity, Enforcement of Foreign Proceedings, Allocation of Costs
Source Language
English
Civil Procedure Private International Law Evidence Costs Letters Rogatory Examination for Discovery Judicial Comity Enforcement of Foreign Proceedings +1 more

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Parties

Michael L. Goguen

Petitioner

Bryan Ward

Respondent

Amber Laurel Baptiste

Respondent

Procedural Posture

Enforcement of Foreign Letter of Request for Examination (taking of Evidence) / Chambers Oral Ruling on Petition to Compel Attendance for Deposition

Legal Issues

  1. 1 Whether to enforce a California letter of request to compel attendance for examination
  2. 2 Relevance and necessity of the proposed evidence to the foreign trial
  3. 3 Whether the evidence is obtainable by other means

Ratio Decidendi

All EchoStar factors were satisfied on the material before the court; judicial comity required giving effect to the California letter of request and an order compelling Ward's attendance was granted subject to specified conditions and a hybrid costs/advance regime (fixed contributions for litigation and lost income, plus an advance and assessment mechanism for deposition preparation/attendance fees).

Court Disposition

Order granted to enforce California letter of request and compel respondent Bryan Ward to attend an examination; conditions and costs orders imposed.

Orders

  • Respondent Bryan Ward is ordered to attend for an examination regarding the California action pursuant to the letter of request.
  • Petitioner to pay $1,000 to respondent Ward as a contribution to legal fees and disbursements incurred responding to the petition and attending the hearing, payable seven days before the deposition.