More & More AG v. P.Y.A. Importer Ltd.

More & More AG v. P.Y.A. Importer Ltd.

On the record before the motion judge there was no evidence that the receptionist lacked control of the business; therefore the motion judge did not err in finding service proper under the Hague Convention and the appeal must be dismissed.

Citation
2010 ONCA 771
Parties
Applicant (respondent in Appeal): More & More AG; Respondent (appellant): P.Y.A. Importer Ltd.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
16 November 2010
Procedural Posture
Civil Appeal / Appeal From Motion Judge Decision
Outcome
Appeal dismissed
Legal Topics
Service of Process, Hague Service Convention, Appeal, Costs
Source Language
English
Civil Procedure Private International Law Service of Process Hague Service Convention Appeal Costs

Case Brief

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Parties

More & More AG

Applicant (respondent in Appeal)

P.Y.A. Importer Ltd.

Respondent (appellant)

Procedural Posture

Civil Appeal / Appeal From Motion Judge Decision

Legal Issues

  1. 1 Whether service on the defendant by serving the receptionist complied with the Hague Service Convention
  2. 2 Whether the receptionist was in control of the business at the time of service (factual issue)
  3. 3 Whether the Court of Appeal should interfere with the motion judge's factual finding

Ratio Decidendi

On the record before the motion judge there was no evidence that the receptionist lacked control of the business; therefore the motion judge did not err in finding service proper under the Hague Convention and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Costs fixed at $5,900 inclusive of disbursements and applicable taxes