The plaintiffs brought a motion to validate service of a statement of claim on two defendants, or alternatively to extend the time for service.
The plaintiffs had failed to formally serve the defendants within the six-month deadline but had provided a courtesy copy to their counsel, and the defendants had notified their insurer.
The defendants argued they would be prejudiced because they had shredded old tenant files after the service deadline.
The Master found the defendants had notice of the claim well before shredding the files and thus created their own prejudice.
The motion was granted, service was validated, and the plaintiffs were awarded costs.
