The respondents issued a notice of action against the appellant within the two-year limitation period under the Warsaw Convention but failed to serve it within the six-month period under the Rules of Civil Procedure.
The master granted an extension of time for service, which was affirmed by the Divisional Court.
The appellant appealed, arguing the claim was extinguished under Article 29 of the Convention.
The Court of Appeal dismissed the appeal, holding that once a claim is issued within the two-year period, the Convention is satisfied and subsequent procedural requirements, including time for service, are governed by the Ontario Rules.
