Is a failure to serve a claim a flaw in jurisdictional consequence?

British Columbia, Canada

The following excerpt is from Kaur v Virk, 2022 BCSC 173 (CanLII):

As observed in William v. Lake Babine Indian Band, [2000] 1 C.N.L.R. 233 (B.C.S.C.), 1999 CanLII 6121, failure to serve a claim is a flaw of jurisdictional consequence:

The proper and valid service of documents involving litigation is fundamental to any further proceedings by which the litigation is advanced and imperative in order for a court to assume jurisdiction over the subject of the litigation. Such a fundamental concept was enunciated over half a century ago. It remains as valued today as it was when Lord Green, M.R. observed in Craig v. Klassen, [1943] 1 K.B. 256 at p. 262: It is beyond question that failure to serve process where service of process in required goes to the root of our conceptions of the proper procedure in litigation.

Other Questions

Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract? (British Columbia, Canada)
Does a discount for time served under section 344(a) of the Criminal Code apply to time served time served? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
What is the test for exercising residual jurisdiction in a third party claim? (British Columbia, Canada)
Does a Respondent have accepted the jurisdiction of the Court as a result of the Respondent's failure to attend the hearing? (British Columbia, Canada)
What are the consequences of a failure to comply with the Rules of Civil Procedure? (British Columbia, Canada)
What is the basis for a claim for breach of contract where the applicant does not use the word "honestness" in his statement of claim? (British Columbia, Canada)
What is the consequence of a mortgagee’s failure to pay interest on a mortgage? (British Columbia, Canada)
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.