The plaintiff, Lesley Ann Smith, brought a motion seeking an order validating service of the statement of claim on the defendant, Renee Elfassy, and extending the time to serve the claim.
The underlying action arose from an alleged trip and fall in 2016.
The statement of claim was issued in 2018, but Ms. Elfassy was not served until 2022.
The court dismissed the motion, finding that the plaintiff failed to make reasonable efforts to locate and serve Ms. Elfassy within the prescribed period or in the subsequent years.
The court also found that the delay was not adequately explained and that the plaintiff failed to rebut the presumed and actual prejudice to Ms. Elfassy caused by the delay.
