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.

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

Law Times reports that there is the highest number of lawyer candidates in the upcoming Law Society of Ontario Bencher election since 1995, but turn-out is declining. Do you think voting should be mandatory for all lawyers and paralegals in this election?