How does the Court of Appeal interpret foreign requests for international legal assistance?
Ontario, Canada
The following excerpt is from Azcar et al. v. Royal Bank of Canada, 2018 ONSC 4048 (CanLII):
In Zingre v. The Queen et al., 1981 CanLII 32 (SCC), [1981] 2 S.C.R. 392, at para. 18, Dickson J. explained how to exercise this discretion, having regard to issues of sovereignty and comity as follows: It is upon this comity of nations that international legal assistance rests. Thus the courts of one jurisdiction will give effect to the laws and judicial decisions of another jurisdiction, not as a matter of obligation but out of mutual deference and respect. A foreign request is given full force and effect unless it be contrary to the public policy of the jurisdiction to which the request is directed or otherwise prejudicial to the sovereignty or the citizens of the latter jurisdiction. (Citations omitted.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for granting a foreign request for international legal assistance? (Ontario, Canada)
In what circumstances will the Court of Appeal in Canada accept a request from a party to travel to Canada from a court in Canada to request to travel abroad? (Ontario, Canada)
Does the Court of Appeal have any authority to grant leave to appeal to appeal? (Ontario, Canada)
Does a Master or Judge in chambers have the power to amend an Order of Appeal where the Master has appealed from the Court of Appeal? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
What are some cases where the Court of Appeal has found that a decision made by a party not to appeal against a decision not to grant leave to appeal is invalid? (Ontario, Canada)
Is it reasonable that a domestic court recognize and enforce a foreign judgment where the foreign court assumed jurisdiction? (Ontario, Canada)
What is the test for enforcement of a request to obtain an order from a court in Canada from a foreign court? (Ontario, Canada)
What is the test for appeal against a judgment by the Court of Appeal in the Superior Court of Justice granting custody to a mother and her two-year-old daughter? (Ontario, Canada)
Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
