The case StraightVac Services Ltd v. Sunshine Oilsands Ltd, 2023 ABKB 660, involves an appeal to the Court of King's Bench of Alberta. Key details are:

• Key Background:
  • On June 10, 2021, StraightVac served a Statement of Claim to Sunshine’s registered office by slipping it under the door due to COVID-19 office closures.
  • Sunshine was noted in default on October 15, 2021, and on July 7, 2022, a Default Judgment of $242,812.26 was granted to StraightVac.
  • Sunshine received notice of the claim in August 2022 and promptly sought to set aside the default judgment, which was granted by Applications Judge Schlosser on October 12, 2022.
• Issues on Appeal:
  1. Refusal to grant StraightVac’s adjournment.
  2. The review of the Birkett Order validating service.
  3. Failure to consider the affidavit supporting the service method.
• Court Findings:
  • The service method used (slipping the document under a door) was procedurally irregular and did not comply with court rules.
  • Sunshine did not receive proper notice and acted promptly to rectify the situation.
  • The court upheld Judge Schlosser’s decision to set aside the Default Judgment, allowing Sunshine to file a defense.

The appeal was dismissed, with costs to be determined by future proceedings.