It's A Small World After All: Obtaining Evidence From Persons Outside Ontario

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.