November 7, 2019 – Service Out of Country

“I conclude that a request for service properly forwarded by an Ontario lawyer to a Central Authority of a destination Contracting State is a request by a “judicial officer competent under the law of the State in which the documents originate”, as required by Article 3 of the Convention [Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965, 658 UNTS 163, UKTS 1969/50]. As such, the request for service sent by the Applicant’s Ontario lawyer to the Central Authority of India on the prescribed form was a proper request for service in India for the purposes of the Convention and Rule of Civil Procedure 17.05(3).”

Tiwari v. Tiwari, 2018 ONSC 6697 (CanLII) at 22