ZAVERS v MAGMA SURFACES INC, 2021 ABQB 952
9.21: Application for new judgment or order
11.4: Methods of service in Alberta
The Applicant applied for a “renewal” of his Judgment, originally issued on November 22, 2011. Noting that there was no “renewal” process under the Rules, the Court regarded the Application as one requesting a new Judgment pursuant to Rule 9.21.
The Court first determined that the Application was filed in time, considering the R. 9.21(3) deadline - namely, the expiry of the limitation period under the Limitations Act, RSA 2000, c L-12 for an Action on a Judgment.
The Court noted that Rule 9.21(3) further provides that the Application must be served on the Judgment Debtor in the same way which a commencement document must be served. The Judgment Debtor here was a corporation, but the corporation had been struck in October 2021.
The Court further noted that, Rule 11.4 permits service of a commencement document via a method of service provided by an enactment, like the Business Corporations Act., RSA 2000, c B-9 (BCA). The BCA permits service on a corporation via registered mail to its registered office.
Putting Rules 9,.21 and 11.4 together, the Court found that the Application could be served via registered mail on the corporation’s registered office (or its registered office at the date of its striking).View CanLII Details