Whether service of the Statement of Claim should be validated under Rule 11.27 of the Alberta Rules of Court.
Whether, alternatively, the time for service should be extended under Rule 3.27.
Background:
Urban Square Holdings Ltd. (“Urban”) sued Dominion of Canada General Insurance Company (operating as Travelers Canada) and Del Fisher Insurance Inc. (“Fisher”) following a fire at a shopping center on March 25, 2017.
Urban claimed Travelers underpaid insurance proceeds and Fisher failed to broker adequate insurance coverage, resulting in losses over $2 million.
The Statement of Claim was filed on March 22, 2019, and a copy was sent to Fisher’s counsel on March 26, 2019. However, it was marked as a “courtesy copy” and not formal service.
Urban later applied to validate service or extend the time for service.
Decision:
Service Validated: The court found that although Fisher was not formally served initially, subsequent actions (communications and litigation steps) gave it clear notice that its rights were engaged. Service was deemed valid as of May 15, 2020.
Appeal Dismissed: The judge upheld the original decision, ruling that the technical argument about lack of formal service should not prevail given Fisher’s clear awareness of the claim.
Alternative Relief (Time Extension): The judge noted that even if service were not validated, an extension of time to serve would have been granted.
Outcome:
Fisher’s appeal was dismissed.
Service of the claim was deemed valid as of May 15, 2020.
Costs were awarded to Urban Square Holdings Ltd. No specific amount was mentioned
