Jan 31st, 2022
Dec 13th, 2018
By Laurent Debrun
The Superior Court decided this week that the Hague Convention is binding on courts when it comes to serving on a person residing abroad a proceeding introductory of suit.
Here the trustee in bankruptcy had obtained from the Registrar, by motion, leave to serve by email introductory proceedings on two persons residing in the Bahamas. The Registrar considered that section 112 of the Code of Civil Procedure (CCP) gave the court the legislative support for such mean of service. On appeal from the decision of the Registrar, the Superior Court quashed the decision, holding that service of introductory proceedings on a person residing abroad, in a country (here the Bahamas) itself a signatory party to the Convention on service and notification abroad of judicial and extrajudicial acts in civil and commercial matters (The Hague Convention), had to be performed strictly according to the Hague Convention, without courts being allowed to provide for a different process (1) Syndic de Liquid Nutrition Franchising Corporation, 2018 QCCS 5014 - http://canlii.ca/t/hw81k
This publication is of a general nature, is as of the date indicated and is not intended to constitute an opinion or legal advice. The facts and circumstances of your particular situation should be specifically identified and addressed before appropriate legal advice may be given.