The plaintiff brought a motion to validate service of a Statement of Claim for wrongful dismissal that was improperly served by facsimile transmission in 2013, or alternatively to extend the time for service.
The plaintiff's former solicitors had failed to properly serve the claim and took no steps to advance the litigation for several years.
The court found that the defendant had likely received the improperly served claim and was aware of the impending litigation.
Concluding that the defendant would not suffer prejudice caused by the delay and that solicitor negligence is not a reason to refuse an extension, the court validated the service by facsimile transmission.
