The applicant brought a motion to enforce a Letter Rogatory issued by a Florida court in a matrimonial dispute, seeking to examine the respondent, a non-party in Ontario.
The respondent opposed the motion, arguing the applicant had not met the preconditions for enforcement.
The Superior Court of Justice dismissed the motion, finding that the applicant failed to establish that the evidence sought was not otherwise available.
Specifically, the applicant had not taken steps in the foreign proceeding to compel her husband to answer the questions that were being posed to the respondent.
