Questions How do you effect service on a partnership?Also Identify the Rule. When can
Question:
Questions
- How do you effect service on a partnership?Also Identify the Rule.
- When can you serve a Notice of Application by email if the respondent is an individual? Identify the Rule
- Julie Giudice served the defendant's lawyer of record by mail with a document that was not an originating process. The document was mailed on Friday, September 23. What date will service be effective? Identify the Rule and explain
- A process server wants to serve Frasier Croon with a statement of claim. He goes to Frasier's house and finds the cleaner there alone. The process server leaves a copy of the statement of claim with the cleaner without first asking him who he is and mails a copy to Frasier at the same address on the
- Jaspal wants to serve a statement of defence on the lawyer of record for the plaintiff. He is running out of time and decides to serve the document by fax at 9:30 p.m. Is this good service?
- Julie Giudice served the defendant's lawyer of record by mail with a document that was not an originating process. The document was mailed on Friday, September 23. What date will service be effective?
- A process server wants to serve Frasier Croon with a statement of claim. He goes to Frasier's house and finds the cleaner there alone. The process server leaves a copy of the statement of claim with the cleaner without first asking him who he is and mails a copy to Frasier at the same address on the same day. Is this good service? Explain your answer.
Discussion Question:
You are a law clerk for Seneca and Associates, Barristers and Solicitors, 1750 Finch Avenue East, Toronto, Ontario, M2J 2X5. Your client is John Ahab, who is suing Moby's Whale of a Time Inc, a chain of restaurants, for negligently leaving a bone in his sushi. You have just served Moby's Whale of a Time Inc with a statement of claim. You went to the restaurant closest to the law office, at 5910 Yonge Street, North York, Ontario, M7U 4T8 and left a copy with the manager of the restaurant, Ishmael Bosun. Draft an affidavit of service. If there is any necessary information that you think is missing, make it up.
SAMPLE
Court file no. 01-CV-8945
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JOHN AHAB
And Plaintiff
MOBY'S WHALE OF A TIME INC. Defendant
AFFIDAVIT OF SERVICE
I, Susilla Server, of the City of Toronto, in the Province of Ontario, AFFIRM AND SAY:
I am a law clerk employed in the firm of Seneca and Associates, Barristers and Solicitors, and as such have knowledge of the matters deposed to in this affidavit.
On April 28, Year 1, at 11:00 a.m., I served the defendant with a statement of claim in this proceeding at its place of business at 5910 Yonge Street, Toronto, Ontario, M7U 4T8 by handing a copy of the statement of claim to Ishmael Bosun, the manager at the defendant's place of business.Ishmael Bosun confirmed that he was the manager of the defendant corporation.
AFFIRMEDbefore me:(select one): in person OR by video conference
Complete if affidavit is being sworn or affirmed in person:
at the City of Toronto in the Province of Ontario, on May 3, year 1.
________________________________________________________________________ ________________________________________________________
Susilla Server
Signature of Commissioner (or as may be) Signature of
Deponent
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts