The plaintiff brought an ex parte motion to extend the time to serve the Statement of Claim on the defendant driver and for an order for substituted service by publication in a local newspaper.
The plaintiff's previous counsel had attempted to serve the defendant at his last known address but was unsuccessful, and the time for service expired.
The court granted the extension of time, finding no prejudice to the defendant as the co-defendant employer had been properly served and the litigation was in its early stages.
The court also granted the order for substituted service, finding that publication in the local newspaper where the defendant previously lived and worked was the best way to bring the claim to his attention.
