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ARTICLE · 10 APRIL 2013

Letters Rogatory

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Counsel may discover that vital documents or a key witness are beyond the jurisdiction of the court in which the case is pending and that they cannot be procured or summonsed in the usual manner.

CanadaLitigation, Mediation & Arbitration
Jason Squire
Jason Squire
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In my last blog post, I discussed mechanisms for obtaining evidence in the possession of a third party. What if you need to procure evidence located in Ontario for litigation proceeding in another jurisdiction? I turn now to the matter of letters rogatory.

Counsel may discover that vital documents or a key witness are beyond the jurisdiction of the court in which the case is pending and that they cannot be procured or summonsed in the usual manner. Because Canada is not a signatory to the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters 1970, when evidence must be compelled from a witness in a Canadian jurisdiction, counsel will need an order from the court in which the litigation is proceeding requesting the assistance of the foreign court, or letters rogatory.

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