N2 Packaging Systems LLC v. Nitrotin, Inc.

N2 Packaging Systems LLC v. Nitrotin, Inc.

The application to enforce the Arizona letters rogatory was dismissed because the petitioner failed to prove the requested evidence was not otherwise obtainable in the ongoing US discovery process and enforcing the letters against Canadian non-parties at this stage would be unduly burdensome and unfair.

Citation
2020 BCSC 1719
Parties
Petitioner: N2 Packaging Systems LLC; Respondent: Nitrotin, Inc.; Respondent: Pinnacle Gaming Solutions Inc.; Respondent: 1079765 B.C. Limited; Respondent: Chakra Cannabis Corp.; Respondent: Eric Marciniak; Respondent: Brendan Pogue; Respondent: Alejo Abellan a.k.a. Alex Abellan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 November 2020
Procedural Posture
Civil Enforcement of Foreign Letters Rogatory / Chambers Application Decision on Enforcement (application Dismissed)
Outcome
Application dismissed
Legal Topics
Letters Rogatory, Enforcement of Foreign Court Orders, Discovery, Privilege, Undue Burden, Public Policy
Source Language
English
Evidence Civil Procedure Private International Law International Comity Commercial Litigation Letters Rogatory Enforcement of Foreign Court Orders Discovery +3 more

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Parties

N2 Packaging Systems LLC

Petitioner

Nitrotin, Inc.

Respondent

Pinnacle Gaming Solutions Inc.

Respondent

1079765 B.C. Limited

Respondent

Chakra Cannabis Corp.

Respondent

Eric Marciniak

Respondent

Brendan Pogue

Respondent

Alejo Abellan a.k.a. Alex Abellan

Respondent

Procedural Posture

Civil Enforcement of Foreign Letters Rogatory / Chambers Application Decision on Enforcement (application Dismissed)

Legal Issues

  1. 1 Whether the British Columbia court should enforce letters rogatory issued by a United States court
  2. 2 Whether the evidence sought is otherwise obtainable in the foreign (US) proceedings
  3. 3 Whether enforcement would be unduly burdensome to Canadian non-parties

Ratio Decidendi

The application to enforce the Arizona letters rogatory was dismissed because the petitioner failed to prove the requested evidence was not otherwise obtainable in the ongoing US discovery process and enforcing the letters against Canadian non-parties at this stage would be unduly burdensome and unfair.

Court Disposition

Application dismissed

Orders

  • Application to enforce letters rogatory dismissed with respect to Nitrotin and Pinnacle
  • If parties wish to make submissions on costs they must contact Trial Scheduling within 30 days to schedule a costs hearing; if they do not, respondents Nitrotin, Eric Marciniak, and Brendan Pogue awarded costs at Scale B