B.I. Incorporated et al. v. Au et al., 2017 BCSC 2476
Emily Kirkpatrick was successful on behalf of the petitioners in having letters rogatory from the Supreme Court for the County of Onondaga, State of New York enforced.
The underlying proceedings were claims for product liability in respect of an electronic monitoring bracelet. The letters rogatory sought examination by deposition of an engineer resident in British Columbia. The court concluded that the testimony sought was relevant, necessary, and not unduly burdensome, rejecting arguments that it could have been obtained through one of the other witnesses and rejected the submission that a comparative analysis of the procedure for examinations in British Columbia and New York was a relevant consideration. The full reasons can be found here.