What is the test for enforcement of a request to obtain an order from a court in Canada from a foreign court?

Ontario, Canada


The following excerpt is from Pandjiris Inc. v. Liburdi Pulsweld Corp., 2002 CanLII 19939 (ON SC):

[15] There are no hard and fast rules governing motions for enforcement of these requests from foreign courts, since such rules would be the very antithesis of a discretion. There are certain elements to which reference can be made to determine the appropriate result. These have been set out as follows: (1) The evidence sought is relevant; (2) The evidence is not otherwise obtainable; (3) The order sought is not contrary to public policy; (4) The documents sought are identified with reasonable specificity; (5) The order sought is not unduly burdensome, having in mind what the relevant witnesses would be required to do, and produce, were the examinations being conducted here. Pecarsky v. Lipton et al, supra

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