The nature of complex litigation is such that it often does not
remain confined within one jurisdiction. Complex matters often
cross jurisdictional and even international boundaries.
Cross-border issues can arise when proceedings take place in one
jurisdiction, yet witnesses, parties and records may be located in
another.
For example, a party involved in a complex dispute may want to
obtain the testimony and records of a witness located outside of
the local jurisdiction hearing the dispute. While the local court
does not have the authority to compel a party outside of its
jurisdiction to comply with its orders, it does have the option of
requesting assistance from the foreign court that does have that
authority. Canadian courts are often willing to provide judicial
assistance to foreign courts with respect to discovery and document
production requests.
