What factors will a court consider on an application to enforce letters rogatory?
British Columbia, Canada
The following excerpt is from Quanta Services, Inc. v Rokstad Power Corporation, 2017 BCSC 1858 (CanLII):
The factors a court will consider on an application to enforce letters rogatory include: relevance; whether the evidence is necessary for trial and will be adduced at trial if admissible; whether the evidence is otherwise obtainable; whether the order sought is contrary to public policy; whether any documents sought are identified with reasonable specificity; and whether the order sought is unduly burdensome: EchoStar Satellite Corporation v. Quinn, 2007 BCSC 1225 at para. 38.
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