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Pre-trial Discovery in Canada

International Litigation in Canadian and German Forums


Georg Wittuhn

The growth of international trade has created an even increasing number of international disputes, the resolution of which often necessitates recourse to litigation. From attorneys, such litigation requires familiarity with the Civil Procedure of various countries.
This study analyzes the rules of pre-trial discovery as applied in the Federal courts of Canada and the provinvial courts of Ontario and Quebec. The mechanisms of pre-trial discovery are subsequently compared to the corresponding devices under German law. Finally this study discusses the impact the differences between these systems of law have on international litigation and on the recognition and enforcement of judgments.
Contents: Pre-trial discovery in the Federal courts of Canada, in Ontario and Quebec - The corresponding devices under German procedural law - The impact of the different approaches to procedural justice on international litigation and recognition and enforcement of judgments.