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Decision clarifies rules on communication of documents outside Quebec

Monday, March 12, 2018 @ 9:04 AM | By Daniel Urbas

The Superior Court in Elie v. Ouimet 2018 QCCS 522 dismissed an application for the execution of a rogatory commission at the request of a U.S. court on the grounds that Quebec’s Business Concerns Records Act (BCRA) prohibited communication of documents and oral testimony regarding the handling of those documents.

Articles 504 to 506 of Quebec’s Code of Civil Procedure set out the procedure applicable to execution of letters rogatory. Justice Peter Kalichman noted that the procedure is “rooted in the principle of comity and mutual...