The plaintiff, acting as Trustee in Bankruptcy, brought a motion for leave to serve an originating process on a defendant located in the United States pursuant to Rule 17.03 of the Rules of Civil Procedure, and for an extension of time for service.
The action sought to recover funds transferred by the bankrupt to his wife as transfers at undervalue or preferences under the Bankruptcy and Insolvency Act.
The court found that the plaintiff established a good arguable case for a real and substantial connection between Ontario and the claim, as the bankrupt was an Ontario resident and the bankruptcy proceeding was in Ontario.
The court granted leave for service ex juris and extended the time for service, finding no prejudice to the defendant.
