Nov 29, 2012
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 Naudie, Kevin O’Brien and Carly Fidler, wrote in Osler Hoskin & Harcourt’s Update.
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