B.I. Incorporated v. Au

B.I. Incorporated v. Au

The court will enforce the New York letters rogatory because Judge Murphy's determination that the examination is necessary and relevant is entitled to deference under the principle of comity, Mr. Au possesses probative, unique knowledge regarding design, development and testing of the ET1 that cannot be obtained to the same value elsewhere, and the petitioners' proposed seven‑hour deposition in British Columbia is not shown to be unduly burdensome; accordingly the petition is granted and costs awarded to petitioners at Scale B.

Citation
2017 BCSC 2476
Parties
Petitioner: B.I. Incorporated; Petitioner: B.I. of Colorado; Petitioner: The GEO Group, Inc.; Respondent: Simon Au; Respondent: Sheila K. Ben, Esq., as Court Appointed Guardian of the Property of Jane Doe (an Infant Proceeding Under an Assumed Name); Respondent: Susan Doe, as Administrator and Fiduciary of the Estate of Lori A. Bresnahan, Decedent; Respondent: Sendum Wireless, Corp.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
13 December 2017
Procedural Posture
Enforcement of Letters Rogatory (petition to Enforce Foreign Court's Request) / Hearing on Petition / Oral Ruling (in Chambers)
Outcome
Petition granted; letters rogatory enforced; costs awarded to petitioners at Scale B
Legal Topics
Letters Rogatory, Enforcement of Foreign Requests, Discovery, Relevance of Evidence, Undue Burden, Comity, Examination for Discovery
Source Language
English
Civil Procedure Private International Law Evidence Product Liability International Comity Letters Rogatory Enforcement of Foreign Requests Discovery +4 more

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Parties

B.I. Incorporated

Petitioner

B.I. of Colorado

Petitioner

The GEO Group, Inc.

Petitioner

Simon Au

Respondent

Sheila K. Ben, Esq., as Court Appointed Guardian of the Property of Jane Doe (an Infant Proceeding Under an Assumed Name)

Respondent

Susan Doe, as Administrator and Fiduciary of the Estate of Lori A. Bresnahan, Decedent

Respondent

Sendum Wireless, Corp.

Respondent

Procedural Posture

Enforcement of Letters Rogatory (petition to Enforce Foreign Court's Request) / Hearing on Petition / Oral Ruling (in Chambers)

Legal Issues

  1. 1 Whether to enforce letters rogatory issued by the New York court
  2. 2 Whether the proposed testimony of Simon Au is relevant to the New York proceedings
  3. 3 Whether the evidence sought is otherwise obtainable

Ratio Decidendi

The court will enforce the New York letters rogatory because Judge Murphy's determination that the examination is necessary and relevant is entitled to deference under the principle of comity, Mr. Au possesses probative, unique knowledge regarding design, development and testing of the ET1 that cannot be obtained to the same value elsewhere, and the petitioners' proposed seven‑hour deposition in British Columbia is not shown to be unduly burdensome; accordingly the petition is granted and costs awarded to petitioners at Scale B.

Court Disposition

Petition granted; letters rogatory enforced; costs awarded to petitioners at Scale B

Orders

  • Simon Au to be deposed in British Columbia pursuant to the New York Court's letters rogatory
  • Deposition to occur before January 1, 2018, on a date agreed by counsel