LEGL-160 Lecture Notes - Lecture 4: Service Of Process, Affidavit, Macewan University
22 Feb 2017
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The rules for service of commencing documents are more rigorous than for other documents: co(cid:373)(cid:373)e(cid:374)(cid:272)i(cid:374)g do(cid:272)u(cid:373)e(cid:374)ts ha(cid:448)e their o(cid:449)(cid:374) rules aside fro(cid:373) e(cid:448)erythi(cid:374)g else. Governed by part 11, division 2 rules of court. Defendant has 20 days (including weekends) to file and service the statement of defence from the effective date of service. Rule 13. 3 when counting to or from an event or activity in days, the date on which the event or activity occurs is not counted. If the time to do something falls on a day like this, the individual has until the end of the following day. Send it by recorded mail (the person has to sign for it to pick it up from the post office. ) Original copy of statement of claim can be used for service (rule 11. 1), one for themselves, and one for the receiving party. They must give affidavit of service and their bill. Rules 11. 9, 11. 13, 11. 19 & bca s. 256 and s. 288.
