Skymark Properties Corporation, Inc. v. 63263101 Canada Inc. (First Line Canadian Investment Group)
The appeal was dismissed because the application judge correctly distinguished use of alleged statements for relevance from their truth, properly applied the Friction factors and s.60(1) of the Ontario Evidence Act within the Zingre comity framework, and reasonably concluded the evidence and documents sought were not otherwise obtainable and enforcement did not offend Canadian sovereignty or public policy.
Source excerpt
- Letter rogatory
- Friction factors
- Admissibility of hearsay
- Sovereignty and comity
- Availability of evidence