In this global marketplace, where business across borders has
become commonplace, it is to be expected that some parties to a
business dispute that is litigated in Ontario, or key witnesses in
relation to such dispute, may reside outside Ontario. In some
instances, the evidence of such persons residing outside Ontario
may be crucial to the case. It is therefore important for Ontario
lawyers to know the tools that are available to obtain evidence
outside Ontario, and the criteria that apply to each of them.
Rule 34.07 of the Rules of Civil Procedure is the
starting point. This Rule applies to pre-trial examinations and the
taking of evidence before trial where the person to be examined
resides outside Ontario.
