FOSTER v ROBB, 2011 ABQB 776


3.26: Time for service of statement of claim
3.27: Extension of time for service
3.28: Effect of not serving statement of claim in time

Case Summary

The Plaintiff filed his Statement of Claim in September 2009. Two of the Defendants were not served with the Statement of Claim and applied to dismiss the Claim against them. Tilleman J. held that “Rules 3.26-3.28 are similar to old Rule 11 and impose a strict mandatory limit on service of a Statement of Claim”. As none of the rare jurisprudential exceptions applied to the facts of this case, the Court held that the Statement of Claim was dead as against the two Defendants in question.

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