The Hidden Costs Of Enforcing Letters Rogatory In Ontario And How To Avoid Them

The Basics

You have a small proceeding going forward in the Southern District of New York. Unfortunately, one of the main witnesses lives in Toronto, along with her papers. You would like to depose her and get copies of her papers. She takes your first phone call, but politely declines to help. What's next?

If you are looking to compel evidence from an Ontarian witness in support of an American proceeding, you must obtain letters rogatory and then enforce those orders through the Ontario courts. The basics are relatively simple:

• you must apply to the court where your proceeding is for an order issuing letters rogatory to the Ontario court and
• you must engage local Ontario counsel to bring an application (a shortened proceeding) to enforce the letters in the jurisdiction where the witness is.¹