November 9th, 2017
Ian Matthews and Fahad Siddiqui have authored an article in the Annual Review of Civil Litigation, a leading publication cited regularly by appellate courts across Canada. Their article is Much Ado About § 1782: Compelling American Discovery for Use in Canadian Class Actions. The frequency with which Canadian class actions are linked to people or events in the United States, coupled with the availability of ex parte evidence-gathering tools for international litigants under U.S. federal law, suggests that Canadian courts will increasingly be called upon to address the circumstances in which American discovery evidence can be compelled for use in Canadian proceedings. According to Justice Todd Archibald, the editor of the Annual Review, the article is a “must read for all class action counsel and commercial litigators with cross-border practices”.