DATE: 20010315

DOCKET:C35007

COURT OF APPEAL FOR ONTARIO

RE: GENERAL CONFERENCE OF SEVENTH-DAY ADVENTISTS, REVIEW & HERALD PUBLISHING, UNION CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS, PACIFIC UNION CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS AND ATLANTIC UNION CONFERENCE ASSOCIATION OF SEVENTH-DAY ADVENTISTS (Respondents) – and – STEVEN F. TIFFIN also known as STEPHEN F. TIFFIN THOMAS S. TIFFIN and CANADIAN IMPERIAL BANK OF COMMERCE (Appellants)

BEFORE: FINLAYSON, MACPHERSON AND SIMMONS JJ.A.

COUNSEL: Ronald G. Chapman

For the appellants

H. Keith Juriansz

For the respondents

HEARD: March 13, 2001

On appeal from the judgment of Justice Katherine E. Swinton dated September 6, 2000.

E N D O R S E M E N T

Released Orally on March 13, 2001

[1] This was a request for enforcement of letters rogatory issued out of a California court for enforcement against non parties in Ontario. The matters in issue appear to be complex, and the California court made a determination that the Ontario residents had relevant information to provide.

[2] Swinton J., in a detailed endorsement, made specific findings of the likely relevance of the evidence of the Ontario residents and expressed her view that at least some of the information could not likely be obtained from other parties to the action. We can see no error in her findings.

[3] The scope of documentary production ordered by the California court was quite broad. Swinton J. narrowed the scope considerably. Again we can find no error in her decision.

[4] The appeal is dismissed with costs.

“G.D. Finlayson J.A.”

“Simmons J.A.”

“J.C. MacPherson J.A.”