Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Canada

Case of the Day: Sale v. Jumbleberry Enterprises

Posted on March 3, 2021

The case of the day is Sale v. Jumbleberry Enterprises USA, Ltd. (S.D. Fla. 2021). Sale brought a fraudulent transfer claim against Jumbleberry, a Canadian company. It encountered delays in serving process and sought an extension of time to effect service, noting that Jumbleberry’s offices in Toronto had been closed due to the pandemic. Eventually, it had a Canadian process server, who was unable to make personal service due to the office closure, mail a copy of the documents to the Jumbleberry office. Jumbleberry moved to dismiss for insufficient service of process. FRCP 4(f)(4)(2)(A) allows service by a method prescribed by the relevant foreign law, and Canada has not objected to alternative methods of service under Article 10 of the Hague Service Convention. Thus…

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Case of the Day: Lathigee v. BC Securities Commission

Posted on December 22, 2020

The case of the day is Lathigee v. British Columbia Securities Commission (Nev. 2020). The British Columbia securities regulator brought an administrative proceeding in British Columbia for securities fraud against Michael Lathigee. The proceeding resulted in a judgment that he had raised millions of dollars from investors without making necessary disclosures. The regulator ordered disgorgement of “the ill-gotten $21.7 million” to the Commission, which had rules allowing the defrauded investors to make claims and then recover from the disgorged funds. The decision also imposed a $15 million penalty. The Commission registered the decision with the BC Supreme Court, which had the effect, under BC law, of making the decision an enforceable judgment. Lethigee then moved to Nevada, and the Commission brought an action for…

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Case of the Day: Narbut v. Manulife

Posted on July 3, 2020

The case of the day is Narbut v. Manulife Financial Corp. (D. Mass. 2020). Paula Narbut alleged that she slipped and fell on a wet floor in the lobby of a building owned by Manulife, a Canadian company. She sued for negligence. Narbut made a request to the Canadian central authority to serve process on Manulife, and the central authority served a “senior legal assistant” at the company’s Toronto office. Manulife moved to dismiss for insufficient service of process, arguing that the legal assistant was not a proper person to receive service under Ontario’s rules of civil procedure.

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