Letters Rogatory For Disclosure In California Divorce Proceeding Enforced In Ontario

As a matter of international comity, Ontario courts will take steps to recognize and enforce requests for assistance issued by foreign courts provided that certain criteria are met. The process by which a foreign court seeks the assistance of an Ontario court involves bringing an application to enforce Letters of Request, also known as "Requests for International Judicial Assistance," or more simply "Letters Rogatory."

While a decision to enforce letters rogatory is matter of discretion of the judge hearing the application, the Supreme Court of Canada has repeatedly held that foreign letters of request are to be given full force and effect by domestic courts unless they are contrary to public policy or otherwise prejudicial to the sovereignty or the citizens of the jurisdiction to which the request is directed: Gulf Oil Corp. v. Gulf Canada Ltd., 1980 CanLII 192 (SCC); R. v. Zingre, 1981 CanLII 32 (SCC).