Can a letter rogatory still be enforced?

Recent decisions in Canadian courts concerning the enforcement of letters rogatory have accepted the comments of Dickson J. in Zingre, that even where evidence is sought by letters rogatory for discovery purposes, the letters could still be enforced. In Campbell Estate v. Stenhouse, [1995] B.C.J. No. 2304 at paras. 10 and 11, Saunders J., as she then was, stated: ... the question of whether the examination proposed is “”for a discovery or trial purpose is one factor, but not necessarily the determining factor in the exercise of the court’s discretion.”” ... It is not a complete answer for respondents to an application such as this to say the purpose of the deposition is discovery of the deponents.