The applicant sought to enforce letters rogatory issued by a United States District Court compelling Ontario non-parties to provide testimony and documents for use in U.S. antitrust class actions alleging polyurethane foam price‑fixing.
The court applied the established criteria governing enforcement of foreign letters rogatory, including relevance, necessity, availability of evidence elsewhere, public policy concerns, specificity, and burden.
The court found the criteria satisfied for two respondents and held that enforcement would not violate Canadian sovereignty or the respondents’ Charter protections against self‑incrimination.
The application was granted with conditions requiring examinations to proceed under Ontario procedural rules and subject to Charter and Evidence Act protections, while the application against a third respondent was dismissed due to insufficient evidentiary basis.