By Ian Carruthers and Noel Harper
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This week on In This Case, we are continuing to examine the special or extraordinary circumstances that might lead to an extension of time for service being granted. The following details come from a case between parties involved in a construction project, in which the plaintiff applied for an extension of time to serve a statement of claim.
On September 20, 2013, a property being built by the plaintiffs, a couple and their general contractor, was destroyed by a fire before construction had finished.
On September 18, 2015, the plaintiffs commenced an action against several defendants, including a tiling company, alleging that the fire was caused by an undiscarded cigarette or flammable chemicals left on a rag that wasn’t disposed of.
On July 15, 2016, the plaintiff’s lawyer sent the filed claim by registered mail to the tiling company’s office. The claim was returned to counsel marked “unclaimed” on August 4, 2016.
On August 15, 2016, the plaintiff’s lawyer began maternity leave and continued to work from home until the end of the month.
On September 19, 2016, a new lawyer joined the firm and took charge of the file in question. Given when the statement of claim was first filed, the time for service had expired on the previous day.
On September 23, 2016, the firm’s managing partner became aware that the July registered mail was returned unclaimed, and that the attempt of service was unsuccessful. Upon contacting the tiling company, the managing partner ensured service was completed that day, five days after the deadline.
Come back on Friday for the solution and a brief explanation of the case in question.