The applicants applied to enforce a Letter of Request issued by a California court to examine an Ontario accountant and obtain documents relating to a judgment debtor.
The applicants held a $41.6 million wrongful death judgment against the debtor and sought evidence for a related fraudulent conveyance action.
The court found that the statutory requirements under the Ontario and Canada Evidence Acts were met and exercised its discretion to enforce the request, noting the evidence was relevant, necessary, and not otherwise obtainable.
