S. Gabrael

The applicant, a representative plaintiff in a U.S. class action regarding unsolicited telemarketing voicemails, sought to enforce Letters of Request to compel the respondent Ontario corporation to attend a deposition.

Following delays in obtaining a protective order in the U.S. action, the applicant moved to add a U.S. defendant as a party to the application and to impose an outside date for the deposition.

The court granted the order, adding the U.S. defendant as a necessary party and setting an outside date of February 4, 2022, for the completion of the deposition.

The applicant sought to schedule a motion to add Regal Automotive Group, Inc. as a party to an application enforcing letters of request from a US court.

The court established a timetable for the delivery of materials, cross-examinations, and factums leading up to the motion hearing on November 29, 2021.

The applicant brought an application under the Evidence Act and Canada Evidence Act to compel the respondent to attend an examination for a proceeding in the United States District Court.

The court ordered the respondent to attend the examination via videoconference, conditional upon the applicant delivering $7,500 in attendance money and a protective order.

Costs of the motion were awarded to the respondent in the fixed amount of $1,000.