Supreme Court
Decision Information
Decision information:
Abstract: The Defendant was served with the Statement of Claim in Quebec. The Statement of Claim did not set out what portion of Rule 38 the Plaintiff was relying on in order to serve it out of the jurisdiction without leave. Determination of whether failure to include statement required the statement of claim to be set aside or was a curable irregularity.
Decision: Application dismissed without costs.
Keywords: Service - ex juris - nullity - irregularity
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