The applicant applied to the Ontario Superior Court to recognize a summons issued by a Quebec provincial court for Ontario witnesses to testify via video-link in a Quebec securities trial.
The applicant relied on s. 152(4) of the Ontario Securities Act, the Interprovincial Summonses Act (ISA), and inherent jurisdiction.
The court dismissed the application, finding that s. 152(4) applies to administrative tribunals, not courts.
Furthermore, the ISA prohibits recognizing a summons from a province that lacks an absolute immunity provision, which Quebec does not have.
The court declined to exercise inherent jurisdiction to bypass the statutory immunity requirement.
