Adam J. Huff

An applicant sought enforcement of Letters Rogatory issued by a United States district court requesting video testimony from Ontario residents in aid of a Florida civil action concerning alleged unsolicited fax advertisements.

The respondents argued the request amounted to a fishing expedition and noted a partial stay of discovery in the underlying action.

Applying the six‑factor test for enforcement of foreign letters rogatory, the court held that the requested evidence was likely relevant, potentially necessary for trial, and not otherwise obtainable.

The court found the request was not contrary to public policy and was not unduly burdensome.

The application to compel examination under oath was granted.

Following a discovery-related motion concerning production of documents and claims of solicitor‑client privilege, the defendant sought costs exceeding $55,000 on a partial indemnity basis.

The plaintiff, who was self‑represented, had largely failed on the underlying motion, obtaining production of only one document and clarification of indexing in the affidavit of documents.

Applying the factors under Rule 57 of the Rules of Civil Procedure, including success, proportionality, and the reasonable expectations of the losing party, the court concluded the amount sought was excessive.

The court reduced the recoverable fees to $25,000 plus HST and limited disbursements.

Costs were ordered payable in any event of the cause.