Comments on: Fifty Shades of Gray: Canadian Court Rules that the Hague Service Convention Does Not Apply to Canadian Residents to be Served Abroad https://lettersblogatory.com/2012/07/27/fifty-shades-of-gray/ The Blog of International Judicial Assistance Mon, 02 Dec 2024 03:32:31 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2012/07/27/fifty-shades-of-gray/#comment-733 Fri, 27 Jul 2012 14:17:24 +0000 http://lettersblogatory.com/?p=9405#comment-733 In reply to Antonin I. Pribetic.

Now if I can just persuade you that service by mail in Canada in a foreign lawsuit is permissible under the Convention!

]]> By: Antonin I. Pribetic https://lettersblogatory.com/2012/07/27/fifty-shades-of-gray/#comment-732 Fri, 27 Jul 2012 13:27:13 +0000 http://lettersblogatory.com/?p=9405#comment-732 In reply to Ted Folkman.

Ted, I agree. Acceptance or admission of service by local counsel on behalf of a defendant is a form of presence-based jurisdiction and also constitutes an alternative to personal service under Rule 16.03 which reads in part:

.ALTERNATIVES TO PERSONAL SERVICE

Where Available

16.03 (1) Where these rules or an order of the court permit service by an alternative to personal service, service shall be made in accordance with this rule. R.R.O. 1990, Reg. 194, r. 16.03 (1).

Acceptance of Service by Lawyer

(2) Service on a party who has a lawyer may be made by leaving a copy of the document with the lawyer or an employee in the lawyer’s office, but service under this subrule is effective only if the lawyer endorses on the document or a copy of it an acceptance of service and the date of the acceptance. O. Reg. 575/07, s. 17.
(3) By accepting service the lawyer shall be deemed to represent to the court that the lawyer has the authority of his or her client to accept service. R.R.O. 1990, Reg. 194, r. 16.03 (3); O. Reg. 575/07, s. 1.

]]> By: Ted Folkman https://lettersblogatory.com/2012/07/27/fifty-shades-of-gray/#comment-731 Fri, 27 Jul 2012 12:57:50 +0000 http://lettersblogatory.com/?p=9405#comment-731 Thanks, Antonin, for the guest post. It might be useful to note that the particular method of substituted service at issue in Gray was service on Aïssa’s lawyer in Ottawa. The Gray case is a Canadian example of something we’ve seen frequently in the US cases: where a defendant is abroad, service on the defendant’s lawyer in Canada (or the US, as the case may be) avoids the Hague Service Convention altogether, because there is no occasion to transmit a document for service abroad, as Article 1 of the Convention requires. The question whether there is such an occasion is a question for the law of the forum.

]]> By: Fifty Shades of Gray: Canadian court rules that the Hague Service Convention does not apply to Canadian residents to be served abroad « THE TRIAL WARRIOR BLOG https://lettersblogatory.com/2012/07/27/fifty-shades-of-gray/#comment-730 Fri, 27 Jul 2012 12:36:54 +0000 http://lettersblogatory.com/?p=9405#comment-730 […] earlier version of the preceding post has been cross-posted over at Letters Blogatory. My sincere thanks to Ted Folkman for inviting me to guest blog as the Canadian correspondent of […]

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