Angelo's Gold Factory Inc. v. Anthony Pipolo Incorporated, 2007 CanLII 80119 (ON SC) The plaintiff had...

 
 

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Angelo's Gold Factory Inc. v. Anthony Pipolo Incorporated, 2007 CanLII 80119 (ON SC) The plaintiff had been unsuccessful in its attempts to serve the defendants by personal service. The plaintiff's lawyer then served the statement of claim on a lawyer who was representing the defendants in other matters. The lawyer had not obtained his clients' authorization to accept service of the statement of claim. None of the defendants responded to the statement of claim, so the plaintiff obtained default judgment against them. In this action, the defendants applied to have the default judgment set aside. Question: 1. Explain the nature of their complaint and the likely outcome. In your answer consider the role of fairness in the administration of justice and whether practical requirements should be permitted to overrule the requirement of procedural fairness within court processes or when dealing with government tribunals. Manitoba decides that it may wish to separate from the rest of Canada. In preparation for this, it decides to create a $4.00 coin, (the "Double-Double") which they would allow to be used by all businesses in Manitoba. Questions: 1. Is the province entitled to pass a law that allows this coin? Why or why not? 2. If the Federal government was unhappy about this, what steps could they attempt? Angelo's Gold Factory Inc. v. Anthony Pipolo Incorporated, 2007 CanLII 80119 (ON SC) The plaintiff had been unsuccessful in its attempts to serve the defendants by personal service. The plaintiff's lawyer then served the statement of claim on a lawyer who was representing the defendants in other matters. The lawyer had not obtained his clients' authorization to accept service of the statement of claim. None of the defendants responded to the statement of claim, so the plaintiff obtained default judgment against them. In this action, the defendants applied to have the default judgment set aside. Question: 1. Explain the nature of their complaint and the likely outcome. In your answer consider the role of fairness in the administration of justice and whether practical requirements should be permitted to overrule the requirement of procedural fairness within court processes or when dealing with government tribunals. Manitoba decides that it may wish to separate from the rest of Canada. In preparation for this, it decides to create a $4.00 coin, (the "Double-Double") which they would allow to be used by all businesses in Manitoba. Questions: 1. Is the province entitled to pass a law that allows this coin? Why or why not? 2. If the Federal government was unhappy about this, what steps could they attempt?

Answer rating: 100% (QA)

Answer to Question 1 The nature of the complaint from the defendants in the court case described is likely centered around the issue of improper servi... View the full answer