What is the effect of service on a party’s lawyer?

Saskatchewan, Canada


The following excerpt is from Waskewitch v. Canada (Attorney General), 1999 CanLII 12775 (SK QB):

Of this I am sure. Morrison v. Bentall, supra, was decided upon rules which provided for service upon a party’s lawyer when he undertook to enter an appearance. This procedure no longer applies. Today the process is governed by Rule 20: Service on a party who is represented by a lawyer may be effected by leaving a copy of the document with the party’s lawyer, provided the lawyer endorses on a copy thereof his acceptance of such service and the date of his acceptance. By doing so, the lawyer shall be deemed to represent to the court that he has the authority of his client to accept such service. The document is deemed to have been served on the party on the day on which such acceptance of service purports to have been signed. The Rule makes no mention of waiving the irregularities of a document by accepting service of it. Nor should, in my opinion, such a proviso be read into it.

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