Letters Blogatory

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

Posts tagged “Ontario

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: 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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Case of the Day: CE Design Ltd. v. HealthCraft Products

Posted on May 10, 2017

The case of the day is CE Design Ltd. v. HealthCraft Products, Inc. (Ill. App. Ct. 2017). CE Design was an Illinois company, defunct since 2010, and HealthCraft was a Canadian home health equipment firm. ING, a Canadian insurance company, was HealthCraft’s liability insurer. CE Design brought a class action complaint against HealthCraft in Chicago, alleging that HealthCraft had sent it unsolicited faxes. HealthCraft tendered defense of the action to ING, which reserved its rights pending investigation. Meanwhile, HealthCraft hired its own lawyer, moved to dismiss, and eventually reached a preliminary settlement for approximately $500,000, along with an assignment of its rights under the ING policy to CE Design. The settlement was preliminary because class action settlements have to be approved by the court.

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