Recent Canadian Blocking Legislation: A Vehicle to Foster Extraterritorial Discovery Cooperation Between the United States and Canada?

Abstract

This Note argues that the adoption of FEMA should signal to the United States that there is a need for a formalized agreement with Canada to minimize future discovery conflicts in civil litigation. Part I analyzes the trend in the United States federal courts towards enforcement of extraterritorial discovery orders. Part II discusses the ineffectiveness of pre-existing Canadian blocking statutes in limiting United States discovery. Part III examines the underlying purposes of FEMA\u27s enactment and argues that now is an appropriate time for the United States to enter into a civil discovery treaty with Canada