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ARTICLE · 18 JULY 2014

Requests For Assistance From Foreign Courts: The Limits Of International Cooperation

When a foreign court issues a request for assistance to Canadian judicial authorities, what should a Canadian court do?

CanadaInternational Law

When a foreign court issues a request for assistance to Canadian judicial authorities asking that a Canadian company be compelled to answer questions in the foreign litigation, what should a Canadian court do? What if the Canadian company is not a party to the foreign litigation, the request for assistance provides no background information about the case, and the request for assistance is not submitted by a litigant from the foreign case but rather by the provincial attorney general who also is not a party to the foreign litigation? The Superior Court of Quebec decided that in such a context, it would not exercise its discretion to order the Canadian company to answer the questions posed by the foreign court.

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