Useful Summary Of Principles Applicable To Letters Rogatory

The summary is found in McFadden Lyon Rouse LLC v Lookkin, 2012 ONSC 2243, where JS O'Neill J was asked to enforce letters of request (letters rogatory) issued by a court in Alabama for the examination of two parties in Ontario for the purposes of an action in Alabama.

The facts of the case don't much matter, but the judge does provide a nice outline of the general principles for the enforcement of letters rogatory, with citations: (a) obtaining the evidence must have been duly authorised by the foreign court, (b) the witness whose evidence is sought must be within the jurisdiction of the enforcing court, (c) the evidence sought must be in relation to a proceeding in the foreign court and (d) the foreign court must be one of competent jurisdiction. The Ontario court will consider whether (i) the evidence is relevant, (ii) the evidence is necessary for discovery or trial in the foreign jurisdiction, (iii) the evidence is otherwise unobtainable, (iv) the documents