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1985

Comparative and Foreign Law

Osgoode Hall Law School of York University

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Full-Text Articles in Law

Compelling Disclosure By A Non-Party Litigant In Violation Of Foreign Bank Secrecy Laws: Recent Developments In Canada-United States Relations, Jean-Gabriel Castel Jan 1985

Compelling Disclosure By A Non-Party Litigant In Violation Of Foreign Bank Secrecy Laws: Recent Developments In Canada-United States Relations, Jean-Gabriel Castel

Articles & Book Chapters

The question whether Canadian or American courts should enforce their laws in a manner that respects the laws of friendly sovereign states has recently been examined by the Supreme Court of Canada and the United States Court of Appeals for the Eleventh Circuit. Their decisions will be the object of this note in the light of recent developments in Canada-United States relations in the area of legal assistance in civil and criminal matters.

Often our courts are asked to compel a person not a party to the litigation or investigation to produce documents or give evidence in Canada when to …