Northstar Universal Corp. et al v Manset Enterprises & Ano

canada, canadian, case law, court opinion, canlii, pescad, 2026peca5, 2026 peca 5 (canlii), 2026, peca, 5, (canlii), s1-ca-1551, 2026, procedure, service outside prince edward island, manner of service, rule 17.05(3) incorporated hague convention process, ex parte motion for validated and substituted service found premature, substituted service by email to trustee, corporate defendants, and prior lawyer set aside, service through central authority to be pursued, appeal allowed, international law, treaties and conventions, hague convention on service abroad, article 1 application in civil or commercial matters, whether hague convention applies to the exclusion of domestic law, rule 17.05(3) and convention as a complete code for service in contracting states, uniform procedure and binding international obligation emphasised, appeal allowed, procedure, substituted service, access to justice, rules 16.04(1) and 16.08 relief sought to bypass hague convention, motions judge finding of “utterly futile” service efforts undermined by central authority letter, whether any “access to justice exception” permits substituted service in a contracting state left unresolved, appeal allowed, evidence, fresh evidence on appeal, palmer v. r. criteria, official response letter from mexican central authority and ensuing correspondence, due diligence and relevance to decisive issue of service abroad, credibility and potential to have affected result established, interests of justice and finality balanced with barendregt v. grebliunas, motion granted, procedure, costs, substantial indemnity, judicature act, s. 60(1) and rule 57.01(4)(c), whether conduct on an ex parte motion required full and frank disclosure, failure to disclose mexican central authority letter and refusal to consent to fresh evidence treated as disingenuous, costs fixed on substantial indemnity, inclusive of taxes and disbursements, costs awarded