TORONTO DOMINION BANK v HALLIDAY, 2022 ABKB 764
APPLICATIONS JUDGE SUMMERS
11.18: Service on self-represented litigants
11.21: Service by electronic method
11.27: Validating service
11.30: Proving service of documents
The Applicant applied to validate service on a self-represented Defendant under Rule 11.27.
The Court determined that an Order validating service was not required. The Applicant emailed a Statement of Claim to the Defendant and asked the Defendant to confirm whether she was willing to receive the document by email. The Defendant responded, “I confirm that the document is received”.
The Court noted that under Rule 11.18, service on a self-represented litigant is affected when the self-represented litigant accepts service of the document in writing, and Rule 11.30 sets out the evidence required to prove service. Accepting service of a document may have previously required a document to be put in evidence with the recipient’s handwritten signature. The Court called such a requirement anachronistic and determined that acceptance by electronic transmissions may constitute an acknowledgement or acceptance of service in writing.
The Court noted that Rule 11.21 did not apply to this Application because that Rule does not apply to service of a commencement document such as a Statement of Claim.View CanLII Details