What is the test for service of documents in litigation?

British Columbia, Canada


The following excerpt is from Kaur v Virk, 2022 BCSC 173 (CanLII):

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. Such a fundamental concept was enunciated over half a century ago. It remains as valued today as it was when Lord Green, M.R. observed in Craig v. Klassen, [1943] 1 K.B. 256 at p. 262: It is beyond question that failure to serve process where service of process in required goes to the root of our conceptions of the proper procedure in litigation.

Other Questions


Can litigation privilege be claimed over copies of litigation documents? (British Columbia, Canada)
Is there any common law case law that states that a person who receives compensation for their services is subject to an onerous obligation to perform their services at all costs of service? (British Columbia, Canada)
Is this a case driven by documents rather than documents? (British Columbia, Canada)
Is it necessary for counsel to describe documents in a way that would allow the other side to view the documents in the same way? (British Columbia, Canada)
Can a party who improperly affixes a seal on a signed document rely on an unaltered copy of the same document later rely on another executed copy? (British Columbia, Canada)
What is litigation privilege and what is the effect of litigation privilege on court-appointed and joint appointed experts? (British Columbia, Canada)
Can a court order that a party provide an affidavit verifying its list of documents when in the absence of any adequate explanation, relevant documents have been omitted from the list? (British Columbia, Canada)
What is litigation privilege and what is the argument that litigation privilege means? (British Columbia, Canada)
Is a service provider required to disclose the name and location of a residential home and the name of the service provider? (British Columbia, Canada)
In a personal injury action, does solicitor and client privilege trump the description of a document in the context of a description of the document? (British Columbia, Canada)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.