Claims
- Plaintiffs: Alleged that the Defendants defrauded them by inducing investments totaling US$48 million for a business purportedly to install, manage, and operate banking kiosks in the U.S. After initial distributions, Defendants ceased distributions and communications.
- Defendant (Kidd): Contested that he and Paycenter 1 Inc. (PC1) were not validly served before the Plaintiffs' claim expired.
Key Issues
- Effectiveness of February Service: Determined to be ineffective as it did not meet the requirements of Rule 11.25(2) and common law.
- Expiry of Claims: The claims did not expire on April 25, 2020, due to a Ministerial Order extending deadlines to July 10, 2020.
- Effectiveness of July Mailings: Plaintiffs effectively served Kidd by one of the July Mailings, which complied with the July 8 Order, the Rules, and the Convention.
Court's Analysis and Conclusions
- February Service: Invalid as Plaintiffs failed to meet Rule 11.25(2) requirements.
- Ministerial Order: Validly extended the service deadline to July 10, 2020.
- July Mailings: Valid service was effected via Canada Post Xpresspost, deemed served on July 9, 2020, in compliance with both the Alberta Rules of Court and the Convention.
- Status of Paycenter 1: As Paycenter 1 did not appeal, the service on PC1 remains valid and uncontested.
Outcome
- Appeal Dismissed: The appeal by James Kidd was dismissed, confirming the validity of service on him by the Plaintiffs within the extended deadline.
- The decision did not specify any monetary award.