The Applicant, Lee applied without notice for an Order for substitutional service of a Statement of Claim. The Applicant is serving a life sentence for the first degree murder of the Defendants’ family member and alleged that the victim’s family caused Lee mental suffering and emotional distress.

The Court declined to deal with the issues raised by Lee, and held that, if any tort was committed, it was committed in Ontario so the Applicant should have applied for both substitutional service and service ex juris. Justice Shelley concluded that, whether or not the Court had jurisdiction, there was no factual foundation to Lee’s claims, and the claims were not reasonable. As such, the Statement of Claim was struck under rule 3.68.