CSL acted for Wex Health, Inc., a US company, in successfully resisting an application for letters of request (letters rogatory) brought in a certified class action concerning prepaid purchase cards under British Columbia's Business Practices and Consumer Protection Act. A copy of the decision can be accessed here.
The plaintiff sought letters of request compelling representatives of several foreign non-party companies, including Wex Health, to produce documents and submit to examination before trial. The BCSC dismissed this relief, finding that the plaintiff's application was in substance an attempt to use the letters rogatory process to obtain pre-trial discovery of documents and witnesses, which is not permitted under British Columbia law.
The decision reinforces the limits on using letters of request as a discovery tool and highlights the firm's experience advising non-party companies navigating cross-border litigation and discovery disputes in Canadian class proceedings.
The Court awarded costs in favour of the responding non-parties, including Wex Health.
The plaintiff filed a leave to appeal application to the BC Court of Appeal. That application for leave was dismissed with costs.
