Supreme Court

Decision Information

McLellan v Parent

Court Supreme Court
Date 1992-03-16
File numbers CV 03576
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Cases considered:
A.G. Ont. V. J.H. Bachman Canada Inc. 91987) 15 C.P.G. (2d) 96
Tridon Ltd. v. Otto Bihlier K.G. et al (1978) 8 C.P. 19
McLean v. Retail Solutions Inc. et al (1989), 39 C.P.C. (2d) 97
Perry v. Household Guild of Canada Limited et al (1953), 9 W.W.R. (N.S.) 598
Original Blouse Co. Ltd. v. Bruck Mills Limited (1963), 45 W.W.R. 150
Canadian Acceptance Corp. Ltd. v. Arbeau (1980) B.C.L.R. 251

Statutes considered:
Northwest Territories Supreme Court Rules, R. 35, 38
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

Decision Content

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