Dufferin Communications Inc. brought a motion seeking to validate email service of a statement of claim on one defendant, Paulo A. Almos, extend the time for service, amend the relief claimed to fall within Small Claims Court limits, and transfer the action to the Small Claims Court.
Despite a significant delay of nearly four years in bringing the motion, the court found no prejudice to the defendant, who had been aware of the claim for an extended period.
The motion was granted, validating the service, extending the time, allowing the amendment, and ordering the transfer, with the court also addressing the applicability of the Hague Convention on Service Abroad.
