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Simon Shields, LLB

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Civil Procedure - Service - On Defendant Outside of Canada

Xela Enterprises Ltd. v. Castillo (Ont CA, 2016)

This case is useful for it's review of the rules [RCP R 17.05] that apply to service of documents (here originating process) on a defendant residing outside of Canada, and in a country to which the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965 does not apply. Matters considered include the principle of comity (respect for each other's law between states0, and the effect of the foreign country's laws on the propriety of the service [paras 8-9, 16-47].
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