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Is Air Canada attempting to evade being served a small claims court notice?

Is Air Canada attempting to evade being served a small claims court notice?

Old Aug 9, 18, 1:44 pm
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Is Air Canada attempting to evade being served a small claims court notice?

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Old Aug 9, 18, 2:21 pm
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The details of the claim are interesting too. Seems the plaintiffs claim that AC sent them a notice that their ticket had been cancelled and then later sent them a notice to check in (both by email) and then refused to honour the original ticket. Then, it is claimed, AC destroyed (or refused to make available) any evidence of the call to reservations (e.g. recording) or logs of supposed internet transactions whereby the plaintiff is alleged to have cancelled the flight themselves (which they deny), Sounds like another AC IT failure possibly.
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Old Aug 9, 18, 4:04 pm
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Or success.
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Old Aug 9, 18, 4:36 pm
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This is ridiculous. The plaintiff can always serve using the Rules of Substituted Service. That said it is not difficult to serve Air Canada at all especially since this is related to small claims. The person needs a better lawyer, heck even a pro Bono lawyer would know what to do here.
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Old Aug 9, 18, 4:56 pm
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The very simple instructions which Nova Scotia publishes make it quite clear that in the case of a corporation, one serves the registered agent, not the registered agent's attorney. The entire purpose of a registered agent is that it is a service for which someone is available at least during regular business hours.

However, the same publication makes clear that if the registered agent is not available, one may serve any senior officer or director of the company.

It makes less than no sense for AC to avoid service of a notice of claim for $841 as the effort substantially exceeds the costs which might be incurred if AC simply paid out the funds.

In this case, why not simply ask when the individual will be back and serve the claim at that point. Unless he has boarded a 2-year adventure to the Antarctic, he will presumably be back in a few days and one would serve him then.
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Old Aug 9, 18, 6:48 pm
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Originally Posted by Often1 View Post
The very simple instructions which Nova Scotia publishes make it quite clear that in the case of a corporation, one serves the registered agent, not the registered agent's attorney. The entire purpose of a registered agent is that it is a service for which someone is available at least during regular business hours.

However, the same publication makes clear that if the registered agent is not available, one may serve any senior officer or director of the company.

It makes less than no sense for AC to avoid service of a notice of claim for $841 as the effort substantially exceeds the costs which might be incurred if AC simply paid out the funds.

In this case, why not simply ask when the individual will be back and serve the claim at that point. Unless he has boarded a 2-year adventure to the Antarctic, he will presumably be back in a few days and one would serve him then.
The Rules for small claims court service is even easier than that. I am unfamiliar with the minutia of the Rules in Nova Scotia, but here in Ontario effective service can be done simply by mailing the defendant and then swearing before a commissioner of the oaths (or an attorney etc) and filing an affidavit of service .Logic would dictate a similar rule exists in Nova Scotia as the Rules are generally pretty consistent in Canada.

I know people on FT like to try to read into things, but the capitalization of certain words in my statement is with 100% intent. You can very well just serve someone (for small claims court matters), or a corporation, by dumping the suit in their lap, or by mailing them etc. For those of you who have gone through matrimonial matters, the Rules (pertaining to service) are completely different so please do not assume the Rules of Service are the same for "that" sort of civil litigation.
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Old Aug 9, 18, 8:13 pm
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Interesting reading. AC should save itself the expense of outside counsel response and just settle. Someone really goofed on processing the initial complaint it seems.
Besides, they are a cute couple and should win just on that alone.
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Old Aug 9, 18, 8:21 pm
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Just look at Wong vs Air Canada thread which in the statement of claim you will find the legal office in Montreal - think on Maisonneuve

cut out the middle person as all they do is drop it in a courier to AC HQ anyway

why all this fuss and a Thread Title that should have said, without the malice - please help on where to file.

full stop
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Old Aug 9, 18, 8:36 pm
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Originally Posted by skybluesea View Post
Just look at Wong vs Air Canada thread which in the statement of claim you will find the legal office in Montreal - think on Maisonneuve

cut out the middle person as all they do is drop it in a courier to AC HQ anyway

why all this fuss and a Thread Title that should have said, without the malice - please help on where to file.

full stop
This. This is why I said this is an absolutely ridiculous issue in the first place.
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Old Aug 9, 18, 8:47 pm
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Originally Posted by Geoflying View Post
The details of the claim are interesting too. Seems the plaintiffs claim that AC sent them a notice that their ticket had been cancelled and then later sent them a notice to check in (both by email) and then refused to honour the original ticket. Then, it is claimed, AC destroyed (or refused to make available) any evidence of the call to reservations (e.g. recording) or logs of supposed internet transactions whereby the plaintiff is alleged to have cancelled the flight themselves (which they deny), Sounds like another AC IT failure possibly.
Call from reservation should be irrelevant. Airlines are not supposed to cancel tickets at their whim. Would have to be a fraud or non-payment (such as CC charge reversed, or stolen card).

I can't see the dates. But there was a period when their fraud/security dept went overboard. Cancelled tickets on mere suspicion. Which is simply illegal.
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Old Aug 9, 18, 8:47 pm
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Originally Posted by skybluesea View Post
Just look at Wong vs Air Canada thread which in the statement of claim you will find the legal office in Montreal - think on Maisonneuve

cut out the middle person as all they do is drop it in a courier to AC HQ anyway

why all this fuss and a Thread Title that should have said, without the malice - please help on where to file.

full stop
The OP is not looking for help with where to file: it appears to be done, hence the service.

The rest of this post, maybe clarify the whole legal office thing? I'm not sure it has any relevance to this thread.

Maybe I'll use QED, viz a viz full stop... sounds very official and such...
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Old Aug 9, 18, 9:03 pm
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Originally Posted by DrunkCargo View Post
The OP is not looking for help with where to file: it appears to be done, hence the service.

The rest of this post, maybe clarify the whole legal office thing? I'm not sure it has any relevance to this thread.

Maybe I'll use QED, viz a viz full stop... sounds very official and such...
and a reminder that FT Rules are if you believe a post is off-topic should be reported to Mod, not commented upon.

and the fact OP has a title including, in my estimation, malice towards AC, then full stop is fair rebuttal, again in my estimation.
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Old Aug 10, 18, 1:21 am
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Originally Posted by skybluesea View Post


and a reminder that FT Rules are if you believe a post is off-topic should be reported to Mod, not commented upon.

and the fact OP has a title including, in my estimation, malice towards AC, then full stop is fair rebuttal, again in my estimation.
What I actually meant is, Quebec has nothing to do with a filing in Nova Scotia. So long as AC does business in Nova Scotia, it must be able to receive service in that province. At no point did I serve AC in Quebec, as an example, despite identifying their corporate HQ as being in Quebec.

"Full stop" is not a rebuttal. It merely means "end of statement" in a fallacious attempt to be intimidating.
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Old Aug 10, 18, 4:01 am
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Originally Posted by Often1 View Post
It makes less than no sense for AC to avoid service of a notice of claim for $841 as the effort substantially exceeds the costs which might be incurred if AC simply paid out the funds.
Less sense than claiming, in court, that a passenger was not on a flight even though he had documentary (and physical - he was where they said he could not be) evidence that he was on the flight?

If you think Air Canada makes decisions based on good sense, you'd be wrong.
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Old Aug 10, 18, 8:15 am
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Originally Posted by DrunkCargo View Post
What I actually meant is, Quebec has nothing to do with a filing in Nova Scotia. So long as AC does business in Nova Scotia, it must be able to receive service in that province. At no point did I serve AC in Quebec, as an example, despite identifying their corporate HQ as being in Quebec.

"Full stop" is not a rebuttal. It merely means "end of statement" in a fallacious attempt to be intimidating.
Or they could just mail the Quebec office and explain to a judge at the settlement conference why they decided to serve Air Canada that way. It should not be an issue and if it is then it is easily remediated.
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