Lawsuits have a process they have to follow. A Statement of Claim is drafted and filed - generally within 2 years of the events giving rise of the lawsuit. In Alberta claimants then have 1 year to serve the Defendants. Service is carried out by giving the filed Statement of Claim to the Defendants. However it's not always that simple. What happens if the Defendants can't be found or have moved? The clock can tick quite relentlessly on the 1 year for service. Thankfully the Courts in Alberta have developed a mechanism to deal with this. Rule 11.28 of the Alberta Rules of Court allows substitutional service.
Substitutional Service is obtained by an application supported by an affidavit setting out why service is impractical, proposing an alternative method of service and stating why the alternative method of service is likely to bring the document to the attention of the person to be served. The applicant has an obligation to show that they have been diligent in attempting service.
The Courts will, upon a successful application for substitutional service, sometimes allow service to be carried out by leaving documentation at a designated address, with another person, by posting to the door of an address, or even by social media in certain instances.
At Floden & Company we have had success in obtaining these types of orders. If you require assistance with obtaining an order for Substitutional Service, please feel free to contact us.
The information contained in this article is not legal advice. No solicitor client relationship is formed through this article. The reader is encouraged to retain counsel for advice in these matters.
