Can a solicitor be served as an agent under Rule 16 of the Scottish Rules of Civil Procedure?
Alberta, Canada
The following excerpt is from Condominium Corporation No. 0113051 v. Today's Communities Inc., 2009 ABQB 82 (CanLII):
Counsel for the plaintiff takes a different tack. He argues that the decision of Lee J. in Loewen v. Loewen 2001 ABQB 467, supports the view that when a solicitor has already held himself out as acting in relation to a matter, he is the agent of the client and may be served as the agent in relation to that matter. In other words, as he is being served as an agent, the requirements of rule 16 no longer apply.
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