Canada Case Law

Lowndes, Drosdick, Kantor & Reed, P.A. v. Hirji

Court

Supreme Court of British Columbia

The petition was granted in part and dismissed in part. The Court ordered Hirji to produce specified, narrowly tailored categories of documents relevant to the transaction and causation (including due diligence materials, MyApps' financial statements and condition, business outlook documents, communications between Hirji and identified key persons specifically concerning the proposed or actual transaction, documents evidencing Hirji's identification of MyApps as a target, communications to investors concerning the merger transaction, and communications about advisory contracts to the extent t…

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• Letters rogatory
• Compelled examination
• Document production
• Relevance and overbreadth
• Causation
• Pre‑merger due diligence

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International Wood Products, LLC v. CLG Enterprises, Inc.

Court

Supreme Court of British Columbia

The petition is granted in part and dismissed in part: the court declines to enforce broad, duplicative and unexplained document production requests and limits compelled production to narrowly tailored 2022 documents relevant to alleged manufacturing defects (documents exchanged between Cheng and Piccard about potential defects and any 2022 documents between Cheng and Interworld representatives regarding the product), permits a limited deposition on manufacturing defects, Cheng's July 2023 inspection, and complaints (including inquiry into Cheng's affidavit claim of absence of complaints), or…

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• Letters rogatory
• International comity
• Document production
• Depositions
• Relevance
• Corporate control of documents

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Jiang v. Peoples Trust Company

Court

Supreme Court of British Columbia

The court ordered a non-party to produce specified financial records under Rule 7-1(18), but refused to use Rule 7-8 letters of request for pre-trial discovery.

• Document production
• Non-party discovery
• Letters rogatory
• Subpoena (interprovincial) act
• Sccr rule 7-1(18)
• Sccr rule 7-8

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Duryea v. Matsumoto

Court

Supreme Court of British Columbia

The court enforced a Minnesota Letter Rogatory seeking Sumio Matsumoto’s deposition in a pork antitrust MDL, finding the evidence relevant, unavailable elsewhere, and not unduly burdensome.

• Letters rogatory
• Pre-trial discovery
• Deposition
• De-anonymization of benchmarking data
• Class certification
• Summary judgment

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Adler v. Deloitte Touche Tohamtsu

Court

Court of Appeal for Ontario

The court dismissed the appeal, holding the application judge properly exercised his discretion and applied the appropriate legal framework to enforce the California letters rogatory: the requested documents were relevant, necessary, not otherwise obtainable, and not contrary to public policy; procedural objections as to service and standing failed.

Source excerpt

• Letters rogatory
• Disclosure
• Enforcement of foreign requests
• Comity
• Relevance
• Public policy

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The National Association of Boards of Pharmacy v. Solaris Pharmaceuticals Inc.

Court

Supreme Court of British Columbia

The court enforced U.S. letters rogatory seeking documents and depositions from two B.C. companies for use in New York litigation, subject to confidentiality and cost terms.

• Letters rogatory
• Discovery of documents
• Examination for discovery (deposition)
• Public policy limitation on foreign assistance
• Protective orders and confidentiality
• Illegality defence

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Club Exploria, LLC v. Moore

Court

Supreme Court of British Columbia

The court enforced a U.S. letter rogatory, ordering Joshua Grant’s deposition in British Columbia and production of specified documents, subject to confidentiality protections.

• Letters rogatory
• Examination for discovery
• Production of documents
• Comity
• Privilege against self-incrimination
• Solicitor-client privilege

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O’Melveny & Myers LLP v. Tilt Holdings Inc.

Court

Supreme Court of British Columbia

The court stayed a law-firm fee recovery action, finding California was the clearly more appropriate forum because key non-party witnesses were there and could be compelled more easily.

• Forum non conveniens
• Compellability of witnesses
• Fee recovery
• Quantum meruit
• Letters rogatory
• Choice of law

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327991 Nova Scotia Limited v. N2 Packaging Systems, LLC

Court

Nova Scotia Court of Appeal

A stay was granted because the appellant established the Fulton criteria: there were arguable issues on appeal about whether the Application Judge properly applied the Aker Biomarine enforcement criteria and had sufficient evidentiary foundation; irreparable harm would result from compelled disclosure that could render the appeal moot and potentially expose confidential information; and the balance of convenience favored a stay given incomplete Arizona discovery, lack of imminent trial dates or demonstrated prejudice to N2, and respect for the receiving jurisdiction's appellate process under…

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• Letters rogatory
• Comity
• Non-party discovery
• Stay pending appeal
• Enforcement of foreign judicial assistance
• Relevance and specificity of discovery requests

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N2 Packaging Systems LLC v. 3277991 Nova Scotia Limited (Truro Herbal Co.)

Court

Supreme Court of Nova Scotia

The court exercised its discretion to enforce the Arizona Court's letters rogatory because the evidence sought was relevant, necessary for trial, identified with sufficient specificity, not otherwise obtainable from the Arizona defendants, not contrary to public policy, and not unduly burdensome; a protective undertaking limiting use to the Arizona trial and confidentiality mitigated collateral-use concerns, and reasonable costs were ordered to be borne by the applicant.

Source excerpt

• Letters rogatory
• Comity
• Discovery
• Relevance and necessity of evidence
• Confidentiality/protective order
• Undue burden

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