The plaintiff in a civil action for damages arising from an alleged assault brought a motion to validate late and irregular service of an amended statement of claim on three defendants.
Two defendants had been personally served after the six‑month service period prescribed by Rule 14.08(1) of the Rules of Civil Procedure had expired, while the third had only been served by mail without prior authorization for substituted service.
The court considered whether to extend time and validate service under Rule 3.01, focusing on whether the defendants suffered actual prejudice from the delay.
Relying on appellate guidance emphasizing prejudice rather than counsel’s conduct, the court found no evidence of actual prejudice despite the expiry of the limitation period.
Service was validated and the time for service extended, with time for delivery of statements of defence also extended.
