In 2010, the Plaintiffs successfully applied for an Order permitting Service Ex Juris of their Statement of Claim on non-resident Defendants. English and Japanese copies of the Statement of Claim and the Order for Service Ex Juris were served on the Japanese Defendants by registered mail with the assistance of a Tokyo law firm. The Applicants argued that the Japanese Defendants were not properly served. They claimed that service was not strictly in accordance with the Hague Convention referenced in the Order for Service Ex Juris and that the Court should not exercise its discretion to validate service.

There was no dispute that the documents were brought to the attention of the Japanese Defendants. Clark J. found that Rule 11.27 gives the Court the discretion to validate service outside of Alberta even if service “was not done in a manner that is specified by the Rules”. The Court may validate service if it is satisfied that the method of service used was likely to bring the document to the attention of the person being served.