This was an Appeal from a Provincial Court Order allowing a Civil Claim to proceed despite the Plaintiff’s failure to serve commencement documents in manner consistent with the Provincial Court Civil Procedure Regulation, Reg 176/2018 (the “Regulation”) within the applicable limitation period. The Defendant challenged the Provincial Court’s Decision on the basis that the Provincial Court Judge did not have the authority to apply Rule 3.27 or a similar test to relieve the Respondent from the consequences of its failure to serve within the necessary time.

The Court agreed with the Defendant, finding that the applicable section of the Regulation was a complete code and, unlike its analog in Rule 3.27, did not provide for the exercise of discretion to excuse the Plaintiff’s non-compliance. Accordingly, the Appeal was granted.