KAMBOH v CHAMBERS, 2016 ABQB 711
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
Counsel for the Plaintiffs could not affect service of a Statement of Claim within the one year period specified by Rule 3.26. They sought an extension of time for service of the Statement of Claim by way of an ex parte desk Application. The Clerk’s Office filed a draft Order for an extension of time for service and two Affidavits which were then mislaid for a short period of time. The Clerk’s Office contacted counsel for the Plaintiff who filed an Affidavit of explanation, and Master Schulz reviewed the Plaintiffs’ Application for an extension of time for the service of the Statement of Claim.
Master Schulz granted a three month extension of time for the service of the Statement of Claim pursuant to Rule 3.27(1)(c) noting that the circumstances fell within the meaning of “special or extraordinary”: the ex parte desk Application made pursuant to Rule 3.26 was filed before the Statement of Claim expired; the Application was misplaced through no fault of the Plaintiff or Plaintiff’s Counsel; and the Clerk was not a party to the Action.View CanLII Details