REYES v DYCK

Having failed to serve a Statement of Claim in time, the Plaintiff in a personal injury Action sought to extend the service period. The Plaintiff relied upon Rule 3.27(1)(a), which allows for relaxation of the service period where a Defendant causes a Plaintiff to reasonably believe that the Defendant has been served, or that liability was not being contested. At first instance, Master Schulz permitted the extension. On Appeal, Justice Burrows confirmed the extension, finding that the Defendant’s adjuster had lulled the Plaintiff’s lawyer into believing that either the Defendant had been served, or that liability was not being contested, and that “lulling”, even where unintentional, amounts to “causing” for the purposes of Rule 3.27.