http://ablawg.ca/2008/03/16/jurisdiction-in-personam-and-the-rules-for-service-ex-juris/ Thu, 17 May 2012 17:38:22 +0000 http://wordpress.org/?v=2.3.3 http://ablawg.ca/2008/03/16/jurisdiction-in-personam-and-the-rules-for-service-ex-juris/#comment-77944 Anonymous Mon, 07 Dec 2009 21:04:49 +0000 http://ablawg.ca/2008/03/16/jurisdiction-in-personam-and-the-rules-for-service-ex-juris/#comment-77944 Just as as comment, watch out with your comments regarding Spar. The provisions of the Quebec Civil Code that are dealt with under the Spar decision are not rules of service but are rather grounds upon which Quebec courts have jurisdiction in the first place. Rules of service under the Code of Civil Procedure are something analytically separate and do not act as a proxy for the establishment of jurisdiction as they seem to do in Alberta. In this case, the Quebec rules are more akin to the statutory regime present under BC's Court Jurisdiction and Proceedings Transfers Act. Just as as comment, watch out with your comments regarding Spar. The provisions of the Quebec Civil Code that are dealt with under the Spar decision are not rules of service but are rather grounds upon which Quebec courts have jurisdiction in the first place. Rules of service under the Code of Civil Procedure are something analytically separate and do not act as a proxy for the establishment of jurisdiction as they seem to do in Alberta. In this case, the Quebec rules are more akin to the statutory regime present under BC’s Court Jurisdiction and Proceedings Transfers Act.

]]> http://ablawg.ca/2008/03/16/jurisdiction-in-personam-and-the-rules-for-service-ex-juris/#comment-2244 ABlawg.ca » Blog Archive » Ability to Sue in Alberta for Injuries Sustained on a Holiday Abroad Tue, 29 Jul 2008 13:33:12 +0000 http://ablawg.ca/2008/03/16/jurisdiction-in-personam-and-the-rules-for-service-ex-juris/#comment-2244 [...] Justice Yamauchi adopted the approach proposed by the Ontario Court of Appeal in Muscutt. In a previous post on Wheeler v. 1000128 Alberta Ltd., 2008 ABQB 70, I pointed out the tendency of the Alberta courts to follow Muscutt and to apply, almost [...] […] Justice Yamauchi adopted the approach proposed by the Ontario Court of Appeal in Muscutt. In a previous post on Wheeler v. 1000128 Alberta Ltd., 2008 ABQB 70, I pointed out the tendency of the Alberta courts to follow Muscutt and to apply, almost […]

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