By W. Donald Goodfellow, Q.C., C. Arb. and Barbara E. Cotton

Letters Rogatory are traditionally thought of as a request by a court made of a foreign court, in writing, to secure the aid of the foreign court in obtaining desired information by way of a deposition or production of a record.

An interesting issue is whether Canadian courts will enforce Letters Rogatory issued by a foreign arbitration tribunal, as opposed to a foreign court.

It seems clear that a Canadian court will enforce Letters Rogatory if the arbitration tribunal invokes the assistance of a foreign court and the Letters Rogatory thus emanate from the foreign court , but will a Canadian court enforce Letters Rogatory from a foreign administrative tribunal if there is no such judicial assistance?

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