When will a party be required to perform personal service in a foreign jurisdiction?
British Columbia, Canada
The following excerpt is from Lonking (China) Machinery Sales Co. Ltd. v Zhao, 2019 BCSC 1110 (CanLII):
In Wei v. Li, 2019 BCCA 114, at paras. 26-27, Madam Justice Newbury, for the majority, held that the when considering issues of a party’s knowledge of the claim and opportunity to defend it, the minimum fairness standard does not require personal service because a foreign legal system may have rules for service which are different from other countries. Newbury J.A. explained that so far as service is concerned, a minimum standard of fairness exists where the defendant is made aware of the case he or she has to meet and was given the opportunity to meet it.
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