In what circumstances will a Master grant an order to extend time for service of a Statement of Claim?
Alberta, Canada
The following excerpt is from Franssen v. Thule Towing Systems LLC, 2012 ABQB 657 (CanLII):
Master Smart also considered this issue in Wardell v. Peebles, 2012 ABQB 303. The defendants applied to set aside the Master’s order, granted ex parte, to extend time for service of the statement of claim. The affidavit in support of the application gave evidence of the attempts by a process server to serve the statement of claim. The Master recognized that under rule 3.26 there was no express requirement for an affidavit in support of the application.
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