The Plaintiff, Mr. Bohdan Barabash (“Barabash”), was a tenant in subsidized public housing managed by Silvera for Seniors (“Silvera”). The Alberta Court of Justice (“COJ”) granted an Order on July 25, 2025 terminating his tenancy and requiring vacant possession by September 2, 2025, with eviction on default. After the Order was filed in the Court of King’s Bench, Silvera obtained an amended Order to clarify that it applied to Unit 21 and filed it on September 5, 2025, without prior notice to Barabash. A process server posted the amended Order on his door the same evening. Barabash applied to quash the amended Order and to declare that his tenancy continued, or, in the alternative, for a stay pending appeal.

Barabash raised the service issue.  Pursuant to Rule 9.8, the party who enters an Order in King’s Bench must serve a copy on the other parties. Silvera effected service by posting the amended Order on the door,  which was not a specified method under Rule 11.20. The Court nonetheless validated service pursuant to Rule 11.27 because the posting actually brought the Order to Barabash’s attention. Even though Silvera did not formally file a Rule 11.27 Application, Marion J. found that the service issue was squarely before the Court, there was no prejudice in deciding it, and Barabash admitted he found the posting on September 6, 2025. Consequently, service was effective and the amended Order took effect on September 6, 2025.

Therefore, Barabash’s request for a declaration that the tenancy continued was dismissed. The Court nevertheless granted interim relief pending Appeal. Applying the tripartite test for a stay, it found a serious issue to be determined on Appeal, irreparable harm to Mr. Barabash if relief were denied given his age, health, and subsidized-housing circumstances, and a balance of convenience favouring preservation of the status quo. The Court stayed the amended Order and restrained Silvera from refusing Mr. Barabash access to Unit 21 on conditions that he promptly file, serve, and diligently prosecute his Appeal and comply with applicable tenancy legislation.