The court considered a motion by the plaintiff for substituted service of a Statement of Claim, an extension of time for service, and leave to amend the Statement of Claim.
The court denied substituted service through the defendant’s insurer, TD Insurance, finding that the plaintiff had not demonstrated that all reasonable steps to effect personal service had been taken, nor that the requirements for substituted service on an insurer were met.
The court granted an extension of time for service and leave to amend the Statement of Claim, finding no prejudice to the defendants that could not be compensated by costs or an adjournment.