Legal information capsules| New technology and service procedures |
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In Quebec, the serving is usually done through the bailiffs. However, in certain situations where the defendant is unfound or outside the country, the Code of Civil Procedure provides the possibility to make an application for substituted service. This mode allows the presentation of a motion asking to serve the person by mail or public notice.
In August, the Court of Quebec has received a special request: Serve a motion by Facebook. Plaintiff had not the address of the defendant and his last known address was in Florida, but she had moved since. Plaintiff knowing the Facebook address of the defendant, asked to the Court to serve his application electronically through the social network Facebook. Considering that was the only way available to the plaintiff to serve his proceedings, the Court of Quebec ruled that it was a direct and practical way to notify the defendant ans that she could prepare her defense and be heard, which complies with the main purpose of the service. Under Article 28 of the Act to establish a legal framework for information technology, the Quebec Court found it permissible to use this new mode of service as proof may be made by a acknowledgment of receipt of the appropriate media. JE 2011-1621 |