Club Exploria, LLC v. Moore

Club Exploria, LLC v. Moore

The Letter Rogatory is enforced because the requested testimony and documents are relevant and necessary to Exploria's defence in the Illinois Action, are not reasonably obtainable from other sources, the documents are specified with reasonable particularity, and legitimate burden and privacy concerns are adequately mitigated by protective confidentiality and procedural orders; accordingly the Court ordered the deposition of Joshua Grant (in his personal capacity and as representative of Prospects DM, Inc.) and ordered production 21 days before the deposition together with specified procedural and confidentiality measures and limited advance cost security.

Citation
2021 BCSC 816
Parties
Petitioner: Club Exploria, LLC; Respondent: George Moore; Respondent: Prospects DM, Inc.; Respondent: Joshua Grant
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
3 May 2021
Procedural Posture
Application to Enforce a Foreign Letter Rogatory / International Judicial Assistance Under the Evidence Act / Application for Enforcement of Letter Rogatory; Reasons for Judgment
Outcome
Letter Rogatory enforced in part; order made compelling deposition of Joshua Grant and production of specified documents on stated protective terms
Legal Topics
Letters Rogatory, Examination for Discovery, Production of Documents, Comity, Privilege Against Self Incrimination, Solicitor Client Privilege, Undue Burden
Source Language
English
Private International Law Evidence Civil Procedure Discovery Confidentiality/privacy Letters Rogatory Examination for Discovery Production of Documents +4 more

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Parties

Club Exploria, LLC

Petitioner

George Moore

Respondent

Prospects DM, Inc.

Respondent

Joshua Grant

Respondent

Procedural Posture

Application to Enforce a Foreign Letter Rogatory / International Judicial Assistance Under the Evidence Act / Application for Enforcement of Letter Rogatory; Reasons for Judgment

Legal Issues

  1. 1 Whether the foreign Letter Rogatory should be enforced
  2. 2 Relevance and necessity of the evidence sought
  3. 3 Whether the evidence is obtainable from alternate sources

Ratio Decidendi

The Letter Rogatory is enforced because the requested testimony and documents are relevant and necessary to Exploria's defence in the Illinois Action, are not reasonably obtainable from other sources, the documents are specified with reasonable particularity, and legitimate burden and privacy concerns are adequately mitigated by protective confidentiality and procedural orders; accordingly the Court ordered the deposition of Joshua Grant (in his personal capacity and as representative of Prospects DM, Inc.) and ordered production 21 days before the deposition together with specified procedural and confidentiality measures and limited advance cost security.

Court Disposition

Letter Rogatory enforced in part; order made compelling deposition of Joshua Grant and production of specified documents on stated protective terms

Orders

  • The Letter Rogatory issued September 1, 2020 by the United States District Court for the Northern District of Illinois is enforced.
  • Joshua Grant is ordered examined by deposition in British Columbia pursuant to the Letter Rogatory in both his personal capacity and as representative of Prospects DM, Inc.