Bank of Montreal v. Rice

Bank of Montreal v. Rice

The application for substituted service was refused because the claimant did not demonstrate that all reasonable efforts to effect personal service had been made and the proposed methods were unlikely to bring the Statement of Claim to the defendant's attention; further specific efforts to locate and attempt personal service were ordered before substituted service would be considered.

Citation
2007 NSSM 22
Parties
Claimant: Bank of Montreal; Defendant: William Rice
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 June 2007
Procedural Posture
Small Claims Court / Application for Substituted Service
Outcome
Application for substituted service denied; claimant ordered to make further efforts to effect personal service.
Legal Topics
Substituted Service, Efforts to Locate Defendant, Originating Notice
Source Language
English
Civil Procedure Service of Process Small Claims Substituted Service Efforts to Locate Defendant Originating Notice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Bank of Montreal

Claimant

William Rice

Defendant

Procedural Posture

Small Claims Court / Application for Substituted Service

Legal Issues

  1. 1 Whether substituted service should be ordered
  2. 2 Whether the claimant made all reasonable efforts to effect personal service
  3. 3 Whether the proposed methods are likely to bring the notice to the defendant's attention

Ratio Decidendi

The application for substituted service was refused because the claimant did not demonstrate that all reasonable efforts to effect personal service had been made and the proposed methods were unlikely to bring the Statement of Claim to the defendant's attention; further specific efforts to locate and attempt personal service were ordered before substituted service would be considered.

Court Disposition

Application for substituted service denied; claimant ordered to make further efforts to effect personal service.

Orders

  • Application for Order for Substituted Service is denied at this time.
  • Claimant must undertake further efforts to locate the defendant and attempts to effect personal service and may file a supplementary affidavit if those efforts do not result in personal service.