The appellant appealed an order refusing to enforce letters rogatory from California that would have required the respondents to be examined under oath in Ontario.
The Court of Appeal upheld the application judge's finding that the appellant failed to establish the necessity of the examinations or that the evidence was not otherwise obtainable.
Motions by both parties to introduce fresh evidence were dismissed, as the evidence was peripheral and not capable of affecting the outcome.
The appeal was dismissed with costs.
