BANK OF NOVA SCOTIA v NGOIE-KADILA

The Plaintiff sough a Substitutional Service Order by way of Desk Application. Applications Judge Wanke dismissed the Application on the basis of Rule 11.5, which requires commencement documents to be personally served.

The Court held that the Plaintiff failed to establish that personal service was impractical pursuant to Rule 11.28, noting that the Action was for close to a million dollars and no attempt at personal service was effected. 

Applications Judge Wanke cautioned that deficient Desk Applications such as this are contributing to significant backlog and it is incumbent on counsel to ensure that Desk Applications have proper evidentiary support. The Court directed the Plaintiff to bear its own costs for the Application.