U.S. class action plaintiffs can examine Canadian executives

Carly Fidler, Christopher Naudie, Kevin O’Brien

Nov 29, 2012

Julius Melnitzer

Financial Post, Legal Post


The Ontario Court of Appeal on Nov. 28, 2012 allowed lawyers for U.S. plaintiffs to take evidence from a Canadian executive in Canada even though the former CEO was subject to criminal investigation in Canada.

“The Court’s ruling reflects an increasing willingness by U.S. class plaintiffs to gather evidence in Canada in cross-border cases, even in cases where the targets remain subject to criminal or regulatory investigation in Canada,” Christopher NaudieKevin O’Brien and Carly Fidler, wrote in Osler Hoskin & Harcourt’s Update.


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