What is the effect of Section 1782 of the Rules of Civil Procedure 1782 on obtaining and preserving evidence in a foreign court?
British Columbia, Canada
The following excerpt is from Araya v Nevsun Resources Ltd., 2019 BCSC 260 (CanLII):
Relying on, inter alia, Penty v. Law Society of British Columbia, 1999 BCCA 630, they submit that the history and purpose of §1782 are to the effect that this procedure should not interfere with foreign courts’ process. The plaintiffs are entitled to obtain and preserve evidence as long as what they propose to do is lawful in the country where they seek the order. The plaintiffs emphasize that there is no property in a witness.
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