A recent Alberta Court of Appeal decision reiterated the
importance of timely service of a statement of claim.
In McGowan v Lang
("McGowan") the Court found that a plaintiff
must formally serve a statement of claim upon the defendant(s) -
even in instances where the defendant's insurer had been
provided with a copy of the statement of claim. Failure to do so
may be fatal to the action.
The Alberta Rules of Court require that a statement of
claim be served on a defendant within one year of its being filed,
unless the Court grants an extension.
In McGowan, the plaintiff missed the one-year deadline
for service. The statement of claim - relating to a motor vehicle
accident - was filed and a copy forwarded to the insurance adjuster
who was handling the claim. However, it was not formally served on
the defendant until several months after the service deadline.
