The applicant sought an order compelling the respondent to answer questions during an Ontario examination conducted pursuant to a Letter of Request issued by a California court in a civil securities fraud action.
The respondent refused to answer numerous questions, invoking the Fifth Amendment to the United States Constitution due to concerns that her answers could be used in a potential U.S. criminal investigation.
The court held that evidentiary procedures under a Letter of Request are governed by Canadian law, not foreign constitutional protections.
Concerns regarding the potential use of compelled testimony in U.S. criminal proceedings were matters for the American courts to determine.
The respondent was therefore required to answer the questions notwithstanding the asserted Fifth Amendment privilege.
