Dumont v. Mace, [1966] N.B. Law News No. 6 (QB)

• Judge: Pichette, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: February 28, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 6 (QB)

Dumont v. Mace, [1966] N.B. Law News No. 6 (QB)

MLB Law News

Leonard Dumont, Albina Dumont, Leo Pelletier, Murielle Pelletier, Stanley Dumont and Geraldine Dumont (plaintiffs) v. Armand Mace (defendant)

(132/66/C; Archives RS48/1966/132)

Indexed As: Dumont v. Mace

New Brunswick Supreme Court

Queen's Bench Division

Pichette, J.

February 28, 1966.

Summary:

Held on interlocutory application that writ of summons be set aside and proceedings deemed a nullity on two grounds. First, because writ of summons for service out of jurisdiction was not in accordance with the forms provided by the Rules of Court; and second, that the affidavit on application for order for service out of jurisdiction did not make a full and fair disclosure of the facts.

Practice - Topic 2567

Service - Service of notice - Writ or statement of claim out of jurisdiction - Grounds for setting aside service or order for service ex juris - See paragraphs 1-26.

Counsel:

Leopold Dube, for the plaintiff;

Gilbert, McGloin and Gillis, for the defendant.

This case was heard before Pichette, J., of the New Brunswick Supreme Court, Queen's Bench Division, who delivered the following decision on February 28, 1966.