What is the effect of improper and invalid service?
British Columbia, Canada
The following excerpt is from Pan Pacific Specialties ltd. v. Shandong Machinery and Equipment I/E corp., 1999 CanLII 5755 (BC SC):
In William v. Lake Babine Indian Band, [1999] B.C.J. No. 842 (Q.L.) (B.C.S.C.), Taylor J. considered the effect of improper and invalid service in a case dealing with service of documents on an Indian Band in British Columbia. At para. 37‑40 he stated: The proper and valid service of documents involving litigation is fundamental to any further proceedings by which the litigation is advanced and imperative in order for a court to assume jurisdiction over the subject of the litigation. ...Service improperly effected is no service. ...Where there has been no service of the proceedings leading up to default judgment then the judgment cannot stand, for it was obtained in circumstances where the defendant was denied an opportunity to be heard.
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