Recent Developments in Cross-Border Litigation: Ontario Superior Court Judge Can Take Evidence of Foreign Witnesses Testifying Outside Canada

Complex commercial litigation often involves evidence from witnesses in multiple jurisdictions.  Effective trial strategy in such cases can require special procedures enabling the evidence of foreign witnesses to be put before the trial court wherever the witnesses may be located.  This article examines recent developments in cross-border litigation — including Borrelli v. Chan, 2016 ONSC 4953 — where Canadian courts have taken extraordinary steps to hear the evidence of foreign witnesses in other countries and conduct judicial proceedings outside the territorial jurisdiction of the court.  To read the article, click here.