What is the standard of proof required for a plaintiff to obtain an order for service ex juris?

Alberta, Canada


The following excerpt is from Lodge at Kananaskis Limited Partnership v. Hawley, 2006 ABQB 473 (CanLII):

The standard of proof necessary at this stage of the proceedings does not require the plaintiff to show a prima facie case. The plaintiff must establish that a “good arguable” case exists based upon the information before the court. In Alberta Cement Corp v. Bakewell 2000 ABQB 202, Sanderson J. explained the test at paragraph 17: The case authority establishes that certain things must be shown by the affidavit evidence before an order for service ex juris will be granted. The applicant must show that he has a good cause of action and must provide details of it in order to obtain the order. A mere statement that he believes that he has a good cause of action and is entitled to the relief sought is not sufficient. The granting of the order allows the Alberta courts to assume jurisdiction over a non resident of the province. In order for this jurisdiction to be granted it is necessary that the plaintiff come forward with sufficient evidence to justify the assumption of the jurisdiction. Enough detail must be provided to the court so that the order can be made in good conscience. An arguable case or a good cause of action is established by setting forth a factual situation which, if proven, would give the party a remedy in law. That much detail must be present at a minimum.

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