Can a substitutionally served document be used to prove that the substitution was not served?
British Columbia, Canada
The following excerpt is from Grinnell Supply Sales Company v. Heger Contracting ltd., 1999 CanLII 6206 (BC SC):
However, Rule 12(11) provides that even if a document has been substitutionally served in accordance with Rule 12(4), a person may show that the document did not come to his or her notice. As well, the test set out in Miracle Feeds v. D. & H. Enterprises Limited and Giesbrecht (supra), on which the defendants rely for their third argument, requires that they establish that they did not wilfully or deliberately fail to enter an appearance.
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