Date: 20010104
Docket: T-2287-99
Ottawa, Ontario, this 4th day of January 2001
PRESENT: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
HER MAJESTY THE QUEEN
Plaintiff
- and -
GLEN LEWKO
Defendant
REASONS FOR ORDER AND ORDER
PELLETIER J.
[1] This is an application for default judgment against Glen Lewko. Her Majesty the Queen seeks to recover amounts advanced to Mr. Lewko by the Canadian Wheat Board. No Statement of Defence has been filed.
[2] The Statement of Claim, being an originating document is required by Rule 127 of the Federal Court Rules, 1998 to be served personally. Rule 128 provides for various modes of service upon an individual beginning with leaving the document with the individual and including service by registered mail. The requirements for service by registered mail are "by mailing the document by registered mail to the individual's last known address if the individual signs a post office receipt" (emphasis added);
[3] In this case, the only proof of service on file shows a form of post office receipt signed by "Pat Lewko". Given that the defendant is Glen Lewko, a post office receipt signed by Pat Lewko does not satisfy the requirements of Rule 128(1)(e) set out above.
[4] Given that there is no proof of service which complies with the Rules, the plaintiff is not in a position to apply for default judgment and the application must be dismissed.
ORDER
The application for default judgment is dismissed.
Judge