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Juzytsch v. Terlecki Jr. 2014 SCJ mini 1

January 7, 2014

Juzytsch v. Terlecki Jr. 2014 SCJ mini 1

Case Summary

The plaintiffs brought a motion seeking relief to prevent an administrative dismissal and to permit substituted service of court documents. The court considered evidence that the responding party had been difficult to serve and that traditional service methods were ineffective. The court found that staying any administrative dismissal was necessary in the interests of justice. The court further concluded that service by posting the documents to the responding party’s Facebook page was likely to bring the materials to their attention. The motion was granted and the requested orders were directed to issue.

Superior Court of Justice

Barrie File No. CV-13-0545

DATE: 2014·I·07

SUPERIOR COURT OF JUSTICE

BETWEEN:

JOHNATHAN PAUL JUZYTSCH et al.,

Plaintiffs,

— AND —

MAREK TERLECKI Jr. et al.,

Defendants.

Before Justice Susan E. Healey

Handwritten endorsement inscribed on 7 January 2014

Robert M. Ben counsel for the plaintiffs

1JUSTICE S.E. HEALEY (endorsement):— On reading the affidavit of Maria Novakevic, I am satisfied that the orders sought are necessary in the interests of justice and any administrative dismissal should be stayed due to the difficulties with service. I am also satisfied that service by posting to the Facebook page of Marek Terlecki Jr. is likely to result in the documents coming to his attention. Motion granted, orders to issue as signed.