If a plaintiff located in Canada serves documents outside Canada but fails to first obtain an order for service ex juris, can the Court retroactively validate service?
The circumstances are important. Consider a situation where:
- both parties have an agreement that the dispute to which the documents in question relate is to be heard in Canada (in Alberta) and governed by ...
Section 43 of the Alberta Arbitration Act is a statutory exception to functus officio
Historically, the doctrine of functus officio applied to hold that a decision maker could not reopen a hearing or amend an award that was final. This doctrine has, however, been relaxed over time in the judicial, administrative, and arbitration contexts. There are now a number of common law ...
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