Examinations and Document Production from Canadians: A Guide for US Attorneys
Courts in the United States frequently seek assistance from Canadian courts to compel residents to produce evidence, either by way of document production or examinations. These letters of request for judicial assistance, or “letters rogatory”, are statutorily permitted under Canadian federal and provincial legislation. Canadian courts give significant weight to these US judicial requests and will rely heavily on the principle of international comity[1. The Supreme Court of Canada in Morguard Investments Ltd. v. De Savoye, (1990) 3 SCR 1077 defined “international comity” to mean “the recognition which one nation allows within its territory to the legislative, executive or judicial…
