Supreme Court

SC C\V 1 1 c^j.

IN THE SUPREME COURT OF THE NORTHVffiST TERRITORIES BETWEEN: THERASA ALBINA BOUVIER, Petitioner - and -

JOSEPH BOUVIER, Respondent FIAT This is an application for an Order for substi­tutional service upon the Respondent Joseph Bouvier by publi­cation of an appropriate notice in the Hay River Hub for two consecutive weeks. On the material before me I cannot find that this is the most likely method of substitutional service to bring notice of the proceedings to the Respondent. On the material before me there is an indication that the Respondent may be working in the Province of Alberta. There is no 'evidence of any contact or attempted contact v/ith known relatives of the Respondent. There is no evidence of any attempt to make inquiries in the Province of Alberta by following up the sources of information that the Sheriff undoubtedly brought tn the attenti /•\-f +-V*c r-'r-\l •j,-»-;4-,-̂ -.-for the Petitioner (see paragraph 3 of the affidavit filed on behalf of the Petitioner Applicant.) If the Respondent usually owns or ouerates a motor vehicle it would not be unreasonable ^

- 2 ­to have a search made with the Motor Licencing Bureau in Alberta or any other province where he may be living. I accordingly dismiss this application for substi­tutional service by way of inserting an advertisement of these proceedings in the Hay River Hub for two consecutive weeks but without prejudice to the Applicant's right to launch a new application upon filing additional raterial. For the guidance of the Members of the Bar I would point out that the affidavit evidence in support of the application should deal with the following, inter alia, matters: (a) Why it is necessary to serve the Respondent substitutionally? It follows from this that full details of attempts to personally serve the petition must be shown.

(b) Known facts about the Respondent. It follows from this that all relevant details of the Respondent's place of residence, family ties, occupation and employment must be shown.

(c) The method of service most likely to come to the Respondent's attention.

It follows from the foregoing that the material must clearly show that f)ersonal service is not likely to be effected and that diligent efforts have already been made to effect such service. Furthermore the material must show that notice of the nroceedings is most likely to come to the attention of the _ -1 i_ • £ j-V,,.., r'/-^n•I-^- a/^OT-\-(-C! •)-Vi Q Tn <::>•(-Vi/->/̂ /•̂ ^ c r n K o - l - i -t-n-t-Q/-! c o T - ^ r i (-"o D o c T - N r j T i Q g r j - H 2.1 t n O ' ^ G U i ~ d —— £ - - — —— — asked for by the Applicant . ^ ^

- 3 -Dated at Yellowknife, Northwest Territories this *. 2nd day of December, 197 7

V

-y z^'-^<."<.' < :' -t- •-C. F. Tallis, J.S.C,

NO. 6101-0 IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES

BETWEEN: THERASA ALBINA BOUVIER, Petitioner - and -%

JOSEPH BOUVIER, Respondent

I F I A T \ i