Obtaining Evidence In Ontario: The Enforcement Of Letters Of Request

Occasionally, litigants must obtain evidence from individuals that live in another country. This may be desirable or necessary where a witness in another jurisdiction has vital information or documents that, if produced, would benefit the litigant's case.

To obtain that evidence, the litigant may seek a letter of request, also known as a letter rogatory, from the court in his or her jurisdiction. Once issued, the foreign court must enforce the letter. This article highlights the procedures and law regarding the enforcement of letters of request in Ontario.

Obtaining the Letter of Request

Litigants and their counsel often learn that an Ontario resident has relevant evidence during the pre-trial examination and trial preparation phases. After investigating the witness' whereabouts, counsel should request the witness' cooperation. If the witness refuses to give evidence or produce documents voluntarily, counsel should then prepare a letter of request.