Respondents were to submit to examination but they were merely witnesses

Ontario civil | Civil Procedure

COSTS

Respondents were to submit to examination but they were merely witnesses

Applicant sued number of defendants for allegedly sending or causing to be sent unsolicited advertisements by facsimile transmission, which was tortious in state of Florida. Letters rogatory were issued in Florida court that requested co-operation of court to compel video testimony of respondents who resided in Ontario. Applicant applied for order enforcing letters rogatory. Application was granted. Applicant applied for costs. Application dismissed. Respondents were not parties to underlying Florida action or person against whom any substantive claim was being advanced. Respondents were to submit to examination but they were merely witnesses. Parties should bear own costs.
CIN-Q Automobiles Inc. v. Fleming (Oct. 8, 2014, Ont. S.C.J., Parayeski J., File No. 1445382) Additional reasons to 243 A.C.W.S. (3d) 328.  245 A.C.W.S. (3d) 530.

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Man loses almost entire inheritance in costs for 'reprehensible,' 'scorched earth' litigation

Ontario Court of Appeal allows Trial Lawyers Association to intervene in medical malpractice case

Ontario Court of Appeal denies extension to perfect appeal in a motor vehicle collision case

Court denies former bencher's request for civil trial data that would show extent of court delays

Ontario Court of Appeal allows wife to collect from husband's debtors through garnishment

Most Read Articles

Man loses almost entire inheritance in costs for 'reprehensible,' 'scorched earth' litigation

Ontario Court of Appeal allows Trial Lawyers Association to intervene in medical malpractice case

Convocation adds CPD requirement to certified specialist program, will expand program to paralegals

Ontario Court of Appeal denies extension to perfect appeal in a motor vehicle collision case