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Your Facebook Statusâ€”â€œServedâ€?
the defendants to be served was active on Facebook and allowed for service via an email sent via the site. However, service through that site would not be done in isolation: Master Breitkreuz entered an order for â€œsubstitutional serviceâ€? (the term used in Canadian civil procedure), mandating that this particular defendant could be served by (1) publishing a notice in the newspaper; (2) forwarding a copy of the Statement of Claim to the Human Resources department at the company where the defendant had worked; and (3) by sending notice of the action via an email to the GHIHQGDQWÂśV)DFHERRNSURÂżOH82 While the The use of Twitter to serve notice order is quite brief and does not specify the facts supporting the judgeâ€™s decision, it is makes perfect sense in a case like reasonable to assume that the court wanted to give the defendant nowhere to hide â€” Blaneyâ€™s, where the only known including online â€” by addressing multiple way to reach an anonymous forms of â€œsubstitutional service.â€? individual (at least temporarily) While the Knott v. Sutherland order was WKHÂżUVWRILWVNLQGLQ&DQDGDDQHFGRWDOHYLis through that personâ€™s own dence on Canadian law blogs indicates that Twitter account. it was by no means the last.83 According to these comments, service through social media sites such as Facebook was ordered in Manitoba (0DQLWRED3XEOLF,QVXUDQFH&RUSRUDWLRQY&DPSEHOO)84 , in Thunder Bay, Ontario, (by Justice Pierce of the Thunder Bay Superior Court in Quast v. Quast),85 and in Nova Scotia (by Justice Scaravelli).86 While still novel, the concept of using social networking sites to accomplish service in Canada has gotten enough traction that one Canadian judge, Ontario Superior Court Justice Cheryl Robertson has given a presentation on the subject.87
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82. ,G 83. Comments online (unfortunately with little detail and on cases or orders that are unpublished) in response to a brief description of the Knott v. Sutherland order, indicate that such â€œsubstitutional serviceâ€? via social networking sites has been ordered elsewhere in Canada. See, e.g., Comment No. 8 to Shaunna Mireau, Substitutional Service via Facebook in Alberta, www.slaw.ca (Sept. 24, 2009), http://www.slaw.ca/2009/09/24/substitutional-service-via-facebook-in-alberta (citing Manitoba Public Insurance Corporation v Campbell (Jan. 14, 2010), File No. CI09-01-61534, (Man.Q.B., per Master Sharp) (allowing substitutional service via Facebook)). 84. See â€œEmma,â€? Comment No. 8 to Shaunna Mireau, Substitutional Service via Facebook in Alberta, www.slaw.ca (Sept. 24, 2009), http://www.slaw.ca/2009/09/24/substitutional-service-via-facebook-in-alberta (citing Manitoba Public Insurance Corporation v Campbell (Jan. 14, 2010), File No. CI09-01-61534 (Man.Q.B., per Master Sharp) (allowing substitutional service via Facebook)). 85. See Gavin Wood Freitag, 1st comment to Michael McKiernan, Cyber-service â€˜a new frontier,â€™ L AW TIMES , Oct. 24, 2010, http://www.lawtimesnews.com/201010257770/Headline-News/Cyber-servicea-new-frontier (citing Quast v Quast (2010?) No. _____ (Ont. Super per Justice Pierce)). 86. See Adriana Meloni, 5th comment to id., (citing unnamed case (Fall 2009 [?]), N.S. Sup. Ct., Fam. Div. [?] per Justice N. M. (Nick) Scaravelli). 87. Michael McKiernan, Cyber-service â€˜a new frontier,â€™ LAW TIMES, Oct. 24, 2010, http://www.lawtimesnews.com/201010257770/Headline-News/Cyber-service-a-new-frontier. Justice Robertsonâ€™s presentation on substituted electronic service was delivered at the Kingston and the 1000 Islands Legal Conference in Oct., 2010. For descriptions of presentation, see McKiernan, id., and Ontario Judge Endorses Substituted Service Through Facebook in IX L AWS OF .C OM 7 (Dec.. 2, 2010), available at http://www.lawsof.com/page/Ontario-Judge-Endorses-Substituted-Service-Through-Facebook.html. The article that served as the basis for the presentation is Justice Cheryl Robertson & Alison McEwen, $W<RXU6XEVWLWXWHG(OHFWURQLF6HUYLFH available at http://estatelaw.hullandhull.com/E-
VOLUME 2, I SSUE 2
7/3/12 7:56 AM
This issue of the Journal covers Facebook service, Judgespeak and more.