458093 B.C. Ltd. v. Zomby Woof ( The )
T-2587-97
Hargrave P.
26/1/98
6 pp.
Ex parte application under R. 310(1) for order for substitutional service on individual defendant of both statement of claim and of warrant for arrest of defendant vessel (35-foot fishing vessel)-Vessel in question herein located well inland at premises of individual defendant in Nanaimo, B.C.-Attempt to serve individual defendant at premises thwarted when male resident there threatened to unleash large, aggressive Rottweiler-Application allowed-Substitutional service traditionally viewed as inappropriate in case of in rem proceedings-Traditional method of posting document on main mast giving notice to many interested parties-R. 1002(6) providing where access cannot be obtained to property upon which statement of claim or declaration to be served, may be served on person appearing to be in charge of property-Here, person in charge hiding behind Rottweiler, hence application for substitutional service-R. 310(1) not excluding substitutional service of in rem material-However, should be limited to special circumstances-Considering ship not outside of Court's jurisdiction, appropriate case in which to allow substitutional service of not only in personam defendant, but also of vessel with both statement of claim and warrant-Certified copies of statement of claim, affidavit to lead warrant and order arising out of present motion may be left in individual defendant's mailbox in Nanaimo-Thereupon, defendant vessel shall be deemed to be arrested (R. 1003(6))-Federal Court Rules, C.R.C., c. 663, RR. 310 (as am. by SOR/79-57, s. 5), 1002(6), 1003(6).