Ontario Civil

Civil Procedure

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.

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