Sheldon Nathanson, Barristers & Solicitors Incorporated v. Thomas

Sheldon Nathanson, Barristers & Solicitors Incorporated v. Thomas

The adjudicator found the claimant had made all reasonable efforts to effect personal service as evidenced by the affidavit of attempted service and that alternative residents contacted were not appropriate recipients; accordingly, substituted service was granted with specified alternative methods and conditions, including evidence of continued employment if serving an employer representative.

Citation
2017 NSSM 83
Parties
Claimant: Sheldon Nathanson, Barristers & Solicitors Incorporated; Defendant: Laura Lee Thomas
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 January 2017
Procedural Posture
Small Claims Court / Decision on Application for Substituted Service
Outcome
Order for substituted service granted
Legal Topics
Substituted Service, Personal Service, Affidavit of Attempted Service, Service of Notice
Source Language
English
Civil Procedure Service of Process Small Claims Court Practice Substituted Service Personal Service Affidavit of Attempted Service Service of Notice

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Parties

Sheldon Nathanson, Barristers & Solicitors Incorporated

Claimant

Laura Lee Thomas

Defendant

Procedural Posture

Small Claims Court / Decision on Application for Substituted Service

Legal Issues

  1. 1 Whether substituted service should be permitted under the Small Claims Court Act and Regulations
  2. 2 Whether the claimant made every reasonable effort to effect personal service
  3. 3 What alternative methods of substituted service are appropriate in the circumstances

Ratio Decidendi

The adjudicator found the claimant had made all reasonable efforts to effect personal service as evidenced by the affidavit of attempted service and that alternative residents contacted were not appropriate recipients; accordingly, substituted service was granted with specified alternative methods and conditions, including evidence of continued employment if serving an employer representative.

Court Disposition

Order for substituted service granted

Orders

  • Substituted service is granted in accordance with the terms of the Order issued by the adjudicator.
  • Claimant must effect substituted service by at least one of the alternative means specified in the Order and, if serving a representative of the defendant’s employer, must provide reasonable evidence that the defendant remains employed there.