Letters Rogatory In Intellectual Property Cases

Intellectual property litigation is an increasingly international business. Compelling a foreign witness to provide discovery or trial evidence can be a key part of the proceedings.

Where a Canadian resident has documents or evidence that would be relevant to a foreign proceeding, and will not agree to voluntarily attend for an examination, that evidence can be compelled through letters rogatory, also known as letters of request.

Letters rogatory are not based on international treaties, rather enforced as a matter of judicial comity. A foreign request will be given full force and effect unless it is contrary to public policy or prejudicial to the sovereignty of Canadian citizens.