Court File and Parties

COURT FILE NO.: CV-23-673

DATE: 2023/07/30

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: SELECT CAPITAL INC., Plaintiff

AND:

AMANDEEP KAUR, Defendant

BEFORE: Justice I.F. Leach

COUNSEL: Kamaldeep Sandhu, for the Plaintiff

The self-representing Defendant not participating in this Simplified Procedure Motion, brought by the Plaintiff pursuant to Rule 76.05 of the Rules of Civil Procedure, and in respect of which no responding material has been filed

HEARD: In writing

Endorsement

[1] Before me is a motion brought by the plaintiff, seeking an order validating the de facto service of its statement of claim effected by email.

[2] The evidence filed by the plaintiff makes it clear that the defendant, through responding email sent by the defendant on May 1, 2023, effectively has confirmed:

a. her receipt of the email sent to her by counsel for the plaintiff on April 30, 2023, attaching a copy of the plaintiff’s statement of claim; and

b. her reading of that attached statement of claim, the content of which she disputed, but in respect of which she sought forbearance.

[3] In the circumstances, (and bearing in mind the additional indications that the defendant’s location for personal service is unknown to the defendant, owing to her apparent breach of her covenant to the plaintiff that the defendant would remain in occupation of the mortgaged property as its owner), I have reviewed, finalized and signed the submitted draft order which:

a. deems service of the plaintiff’s statement of claim through the email dated April 30, 2023, to be effective as of May 1, 2023;

b. perfects that service; and

c. dispenses with the requirement of any further service in that regard.

“Justice I.F. Leach”

Justice I.F. Leach

Date: July 30, 2023